Background on Key Figures and Context
Brazil’s Supreme Court has resumed a case that will determine the regulation of social media platforms, marking a pioneering effort in Latin America to address the role these platforms play in spreading misinformation and hate speech. This legal process is unfolding concurrently with a trial against former far-right president Jair Bolsonaro and his ex-collaborators for allegedly attempting a coup in 2022 following his electoral defeat to Luiz Inácio Lula da Silva.
According to the prosecution, these alleged coup plotters utilized social media to disseminate false information about the electoral system’s reliability and to justify their actions.
Key Issues in the Social Media Regulation Debate
The Supreme Court debate aims to establish how social media platforms can be held accountable for illegal user-generated content and whether these companies should independently monitor, remove, or censor illicit material without judicial intervention.
“Nada que ver con censura”
Eight out of eleven judges are set to vote on the constitutionality of an article within Brazil’s Marco Civil de Internet, enacted in 2014. This law stipulates that platforms are only responsible for damages caused by user-generated content if they refuse to comply with a court order to remove such content.
Three judges, including the Chief Justice Luis Roberto Barroso, have already expressed their opinions in favor of increased corporate responsibility.
Barroso emphasized during the recent session, “Establishing criteria for cases that reach the judiciary is our duty… and it has nothing to do with censorship. We are discussing civil liability.”
Recent Developments and International Implications
Brazil gained global attention in August 2024 when another Supreme Court judge, Alexandre de Moraes, ordered the blocking of access to the network X across the country due to its refusal to comply with judicial orders related to combating misinformation.
Elon Musk, the owner of X, initially ignored requests to remove accounts supporting Bolsonaro amidst a power struggle with Moraes over the boundaries of free speech and threats to democracy.
After 40 days, Musk conceded, and X resumed normal operations in Brazil.
The U.S. government under Donald Trump is currently considering potential sanctions against Moraes following accusations from Bolsonaro’s entourage that he was “persecuting” the former president.
In contrast, President Lula has advocated for expediting the regulation of these platforms. He stated in a press conference, “It’s not possible for someone to attempt a coup… and claim it’s freedom of expression,” referring to Bolsonaro.
