Toffoli votes to set a 60-day deadline for big techs to adopt measures that increase responsibility for content

Minister Dias Toffoli, of the Federal Supreme Court (STF), voted this Thursday (11) so that providers have 60 days to implement the measures determined by the court that increased the responsibility of platforms for the content they publish.
Toffoli is one of the rapporteurs of the 12 appeals presented by big techs and entities in the technology sector that ask for clarifications and adjustments to the decision.
Among other points, the companies ask that the rules be valid after a period of six months or only after the closure of all chances of appeals in court.
Toffoli understands that the rules should already be applied two months after the analysis of the appeals by the Supreme Court.
This applies to the adoption of so-called duty of care actions (measures to reduce the risk of offenses against fundamental rights and combat illicit acts), self-regulation and the provision of specific service channels for withdrawal requests. contents.
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The minister also proposes that the thesis of corporate responsibility should be applied to actions presented to the Court from June 27, 2025, when the minutes were published with the result of the Supreme Court's judgment that expanded the duties of providers.
Toffoli proposed adjustments to the thesis set by the STF last year, but the vote preserves the platforms' obligations, demanding more actions against cases involving anti-democratic crimes, terrorism, incitement to racism and induction of suicide, in addition to punishment in case of systemic failure.
Adjustments
The minister highlighted that the Supreme Court authorized companies to adopt the necessary measures to guarantee the duty of care, ensuring agility for analysis and removal of content.
Toffoli highlighted that the deadlines of 24 hours for removal and 7 days for analyzing notifications are reasonable, considering the peculiarities of the specific case.
The so-called additional duties will be charged to providers with more than 1 million registered users in Brazil.
Toffoli maintained the requirement for headquarters and representative in the country for providers operating in Brazil. Initially, the judge wanted to restrict the obligation to providers with "economic activity in Brazil".
The minister also clarified that the provider will also be responsible for unjustified omission in removing content after notification, responding together with the author of the post.
Extrajudicial notification requires identification of the offensive content and proof that the request is made by the party involved.
The minister argues that the responsibility of neutral providers, therefore, those who have low or little interference in the communication flow, is subject to need for a court decision. This would apply, for example, to Wikipedia, which does not promote content.
Toffoli rejects Facebook's request to include in the thesis the expression clearly intended to analyze illicit or criminal content. The company claimed that this would make a distinction between clear and more complex cases.
The minister understood that this would affect the Supreme Court's understanding of accountability.
STF decision
STF increases the responsibility of digital platforms for what they publish
In June last year, by 8 votes to 3, the STF declared the partial unconstitutionality of article 19 of the Marco Civil da Internet. The plenary analyzed two appeals that discussed the validity of this section of the rule.
The article says that "the internet application provider can only be held civilly liable for damages resulting from content generated by third parties" if, after a court order, it "does not take measures" to remove the content.
The majority of the Supreme Court established as a general rule that digital platforms are responsible for the content published by the user and must be held responsible if they do not remove illicit posts or criminals.
Institutional
Toffoli came out in defense of the STF's understanding.

The minister stated that the court provided an institutional response to an issue that concerns Justice and Legislatures around the world.
"We were very balanced in unanimously establishing this thesis. It is not about censorship, as some claim. Anyone who had content removed as determined by the platform can go to court to have it reinstated. And this will not generate compensation for the platform. It is the model of checks and balances in this new world that we are living and experiencing", he stated.
The rapporteur also highlighted that there is no imposition for the removal of content and that platforms can make their assessments. He also said that companies will be liable for material and immaterial losses when negligence or omission in the removal of illegal content that has already been notified is proven.
Toffoli stated that providers cannot create requirements that are not provided for by law to receive notification to remove content, such as identifying the material identified as infringing and being involved in the case. of its notification, the provider is liable for the material and immaterial losses caused by its unjustified inertia or negligence, that is, by its legally relevant omission regarding the removal of the content", he said.
"Thus, if the illicit content continues to circulate driven by algorithms, and the fraudulent website continues to deceive and obtain undue advantage, or if the false profile continues to disseminate offenses, the already notified application provider starts to respond jointly with the agent who published the illicit content, or put the fraudulent website on the air, or created and makes use of the false profile due to the resulting losses", continued the minister.
The rapporteur pointed out that the rules defined by the Supreme Court have come into effect since the publication of the minutes with the result of last year's trial, therefore, the companies' liability would already be valid. suffered." This is a paradigmatic change with great practical impact.
Minister of the STF Dias Toffoli
Luiz Silveira/STF

Source: G1

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