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Comment on Brazil rules that social media platforms are responsible for users’ posts

For context:

There’s an older law called Marco Civil da Internet (roughly “internet civil framework”), from 2014. The Article 19 of that law boils down to “if a third party posts content that violates the law in an internet service, the service provider isn’t legally responsible, unless there’s a specific judicial order telling it to remove it.”

So. The new law gets rid of that article, claiming it’s unconstitutional. In effect, this means service providers (mostly social media) need to proactively remove illegal content, even without judicial order.

I kind of like the direction this is going, but it raises three concerns:

False positives becoming more common.
The burden will be considerably bigger for smaller platforms than bigger ones.
It gives the STF yet another tool for vendetta. The judiciary is already a bit too strong in comparison with the other two powers, and this decision only feeds the beast further.

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ranandtoldthat@beehaw.org ⁨3⁩ ⁨days⁩ ago
When something similar happened in the UK, it was pretty much exclusively smaller/niche forums, run by volunteers and donations, that went offline.

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- lvxferre@mander.xyz ⁨3⁩ ⁨days⁩ ago
  When something similar happened in the UK, it was pretty much exclusively smaller/niche forums, run by volunteers and donations, that went offline.
  
  [Warning, IANAL] I am really not sure if the experience is transposable for two reasons:
  
  UK follows Saxon tribal law, while Brazil follows Roman civil law. I am not sure but I believe the former requires both sides to dig up precedents, and that puts a heavier burden on the smaller side of a legal litigation. While in the later, if you show “ackshyually in that older case the defendant was deemed guilty”, all the judge will say is “so? What is written is what matters; if the defendant violated the law or not.”.
  
  The Americas in general are notorious for sloppy law enforcement. Specially Brazil. Doubly so when both parties are random nobodies.
  
  So there’s still a huge room for smaller forums to survive, or even thrive. It all depends on how the STF enforces it. For example it might take into account that a team of volunteers has less liability because their ability to remove random junk from the internet is lower than some megacorpo from the middle of nowhere.
  
  Additionally, it might be possible the legislative screeches at the judiciary, and releases some additional law that does practically the same as that article 19, except it doesn’t leave room for the judiciary to claim it’s unconstitutional. Because, like, as I said the judiciary is a bit too powerful, but the other powers still can fight back, specially the legislative.
  
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  - ranandtoldthat@beehaw.org ⁨3⁩ ⁨days⁩ ago
    Thanks for the context and analysis. Hope it works out for smaller forums.
    
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    lvxferre@mander.xyz ⁨3⁩ ⁨days⁩ ago
    I hope so, too. Their current situation isn’t currently the best (a lot of them went away in the late 10s, simply because people were using them less); I’m kind of hoping to see a revival, but that’s at the mercy of the STF, so I can’t completely rule out that the situation will evolve exactly like in the UK. It’s “let’s wait and see”, you know?
    
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- rimu@piefed.social ⁨3⁩ ⁨days⁩ ago
  Wasn't that because of age verification though?
  
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  - Skavau@piefed.social ⁨3⁩ ⁨days⁩ ago
    No. It was also down to holding them potentially viable for what their users post.
    
    A forum about hamsters shut down.
    
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