STF judges this Wednesday (10) appeals on the liability of big techs

The STF (Supreme Federal Court) begins judging this Wednesday (10) the appeals presented by large technology companies against the Court's decision that increased the liability of digital platforms for content published by users.

The case was guided by the president of the court, minister Edson Fachin, and will make the ministers review points from the thesis approved in 2025, when the STF declared article 19 of the Marco Civil da Internet partially unconstitutional.

Before the decision, platforms could only be held responsible for third-party publications if they failed to comply with a specific court order to remove the content. After analyzing the case, the STF began to admit hypotheses of liability even without judicial notification, claiming the need for greater protection of fundamental rights.

The appeals that will go to trial this Wednesday were presented by companies such as Google and Meta, as well as entities that represent the sector. The companies claim that the decision left gaps and ambiguous points that create legal uncertainty for the application of the new rules.

Among the main requests is the definition of an adaptation period before the new obligations take effect. The companies argue that similar changes adopted in other countries were accompanied by transition deadlines. As an example, they cite regulations approved in Japan, the European Union and the United Kingdom, which granted, respectively, 11, 15 and 17 months for adaptation.

For example, lawyers from platform

In addition, companies also ask the Supreme Court to establish stricter criteria for notifications sent to platforms. Suggestions include identifying the complainant and indicating the exact email address of the questioned content.

Another point of questioning concerns the scope of the removal obligation. Big tech advocates that it be restricted to "manifestly illicit" content. According to the companies, the current wording of the thesis leaves room for subjective interpretations, which could encourage excessive removals of publications and create risks to freedom of expression.

Expectations in the STF
Behind the scenes at the Supreme Court, the expectation is that the Court will maintain the understanding approved last year.

According to CNN, ministers assess that the thesis may even receive wording adjustments to facilitate its application, but the tendency is for there to be no changes to the merits of the decision.

The ministers' assessment is that the text approved in 2025 is extensive and complex, which would justify specific clarifications without changing the scope of the new rules for holding platforms accountable.

Debate intersects with Lula's decrees
The judgment of the appeals takes place amid tension between the Executive and Legislative branches regarding the regulation of digital platforms. At the end of May, President Luiz Inácio Lula da Silva (PT) signed two decrees that expand the obligations of technology companies to combat fraud, scams and content related to serious crimes.

One of the rules, for example, determines that platforms adopt preventive measures to prevent the circulation of content linked to terrorism, sexual exploitation of children and adolescents, human trafficking, encouragement of self-mutilation and violence against women.

Another point is that in cases of criminal content driven by paid advertisements, companies may be held responsible when there are recurring failures to adopt prevention mechanisms.

The measures provoked a reaction from the opposition in Congress. Parliamentarians filed more than 30 PDLs (draft legislative decrees) with the aim of suspending government acts.

Critics claim that Lula advanced the powers of the Legislature by regulating topics that are still discussed in Congress, a speech that was also the basis for criticism of the STF itself when it judged the issue last year.

Government allies, in turn, argue that the decrees only detail parameters already recognized by the STF and reinforce protection mechanisms against digital crimes.

Legal experts interviewed by CNN say, however, that vague terms in the new regulations could induce companies to excessively remove publications for fear of sanctions, which creates the risk of censorship.

The president of the Senate, Davi Alcolumbre (União-AP), has already asked the House's legal consultancy to analyze whether Lula exceeded the Executive's prerogatives when issuing the decrees to assess whether there is room to suspend the acts.

Platform fear
Technology giants are following the trial with concern. Behind the scenes, executives and sector representatives fear that the STF will take advantage of the analysis of resources to send favorable signals to the decrees recently issued by the government.

According to reports obtained by CNN, companies suspect a coincidence between the publication of the standards and the Supreme Court's decision to take the appeals to trial at this time.

The sector's assessment is that a possible favorable expression from ministers to the decrees could weaken future legal actions aimed at questioning the constitutionality of the measures.

Although they see Congress as the main space for contesting the Executive's actions, the platforms also intend to preserve the possibility of taking the discussion back to the STF.

What is the future of the debate on regulating big techs? Lawyer explains | CNN NEW DAY

Source: CNN