The advancement of proposals that expand the civil liability of digital platforms in Brazil has reignited the debate about the limits between content moderation and censorship. The STF decided, on June 26, by 8 votes to 3, that platforms that operate social networks should be held directly responsible for illegal posts made by their users. In response, Google publicly admitted that it may reduce its operations in the country if the STF “drastically changes” the moderation rules, a statement that raised alarms in the digital market.
With 144 million Brazilians active on social networks, according to the DataReportal platform, any change in this scenario directly affects the routine of small advertisers, content creators and startups that use the platforms for marketing, sales and customer acquisition. The impact goes beyond freedom of expression, the end of article 19 of the Marco Civil da Internet could open the door to a regime of preventive censorship and incentives for the excessive removal of content, the so-called chilling effect. For digital companies, this represents legal uncertainty and the risk of retraction of large players, as already signaled by Google.
In evaluating Lucas Mantovani, co-founder of SAFIE, reference company in legal solutions for technology companies, startups and digital businesses, and specialist in legal governance of startups and data protection, prior accountability of platforms can compromise fundamental principles in networks. "Holding platforms responsible before a court decision compromises fundamental principles such as net neutrality and due legal process. This transfers the power, and the fear, of deciding what can or cannot remain online to the private sector", he analyzes. “There are more effective alternatives, such as strengthening notification and withdrawal mechanisms with rapid judicial supervision, already adopted in consolidated democracies”, he adds.
With the global market for legaltech exceeding US$26 billion, according to the Legal Tech Market Global report, the expert points out that Brazil needs to guarantee legal security and predictability to continue attracting innovation and investments in the digital ecosystem. "Without a stable regulatory environment consistent with democratic principles, Brazil runs the risk of alienating investors and inhibiting the development of local technological solutions. Legal predictability is what allows startups to innovate safely and the digital ecosystem to continue generating value for the economy and society", he states Lucas Mantovani.
