Brazil’s Internet Liability Drama: The Comedy of Legal Errors and Oversights
The Brazilian Supreme Court is tackling the tricky terrain of internet intermediary liability, with a spotlight on Marco Civil da Internet. Justices are juggling notice-and-takedown rules, AI moderation risks, and the liability of platforms for third-party content, all while trying not to trip over the tangled wires of privacy and Big Tech’s dominance.
Hot Take:
Oh, Brazil! Your Supreme Court is like a soap opera, with more plot twists than a telenovela. As they dissect the Marco Civil da Internet, it feels like they’re playing a game of “Who Wants to Be a Liability Expert?” with a side of “Guess Who’s Responsible.” You’d think we were watching a reality TV show called “Keeping Up with the Justices.” Spoiler alert: Article 19 is fighting for its life, and the judges are throwing down votes like confetti at Carnival. Stay tuned for the dramatic finale where the court decides if notice-and-takedown will reign supreme or if intermediaries will continue to party like it’s 2014.
Key Points:
– The Supreme Court of Brazil is deliberating over the constitutionality of Article 19 of Marco Civil da Internet.
– Notice-and-takedown might become the go-to rule for platforms dealing with third-party content.
– Platforms could face liability for ads, boosted content, and content from fake accounts.
– Some justices propose active monitoring duties for harmful content, with exceptions for “neutral” applications.
– The court debates oversight models and procedural duties, hinting at algorithmic transparency.