The advancement of proposals that expand the civil liability of digital platforms in Brazil has reignited the debate over the boundaries between content moderation and censorship. The Supreme Federal Court decided on June 26th, by 8 votes to 3, that social media platforms should be held directly responsible for illegal posts made by their users. In response, Google publicly admitted that it may reduce its presence in the country if the Supreme Federal Court "drastically changes" the moderation rules, a statement that raised alarms in the digital market.
With 144 million Brazilians active on social media, according to the DataReportal platform, any change in this scenario directly affects the routines of small advertisers, content creators, and startups that use these platforms for marketing, sales, and customer acquisition. The impact goes beyond freedom of expression; the abolition of Article 19 of the Internet Civil Framework could pave the way for a regime of preventive censorship and incentives for excessive content removal, the so-calledchilling effect.For digital companies, this represents legal uncertainty and the risk of major players withdrawing, as already indicated by Google.
In the assessment ofLucas Mantovani, co-founder of SAFIEA company specializing in legal solutions for technology companies, startups, and digital businesses, and an expert in startup legal governance and data protection, the prior accountability of platforms can compromise fundamental principles on networks. "Holding platforms accountable before a judicial decision compromises fundamental principles such as network neutrality and due process. This transfers to the private sector the power, and the fear, of deciding what can or cannot remain online," he analyzes. "There are more effective alternatives, such as strengthening notification and removal mechanisms with swift judicial oversight, already adopted in consolidated democracies," he/she/they adds.
With the global market oflegaltechexceeding US$ 26 billion, according to the Global Legal Tech Market report, the expert points out that Brazil needs to ensure legal security and predictability to continue attracting innovation and investments in the digital ecosystem."Without a stable regulatory environment consistent with democratic principles, Brazil risks deterring investors and inhibiting the development of local technological solutions. Legal predictability is what allows startups to innovate safely and for the digital ecosystem to continue generating value for the economy and society," he states.Lucas Mantovani.
