In a historic ruling, Brazil’s Supreme Court paved the way for social media companies to be held accountable for the content posted on their platforms. It will take only a few weeks for this court order to come into effect. Under this decision passed by the Supreme Court with a majority of 8-3, it will be the responsibility of tech companies like Google, Meta and TikTok to monitor the content inciting hate speech, casteism and violence on their platforms and remove such content in a timely manner.
After this order, if any social media company does not remove illegal content despite objections raised by the victim, then legal action can be taken against that company. Although the court has not clarified which content will be considered illegal, it will be decided on a case-by-case basis. Till now there was a law in Brazil that companies were bound to remove content only after a court order, but this rule was often not followed. The new order makes this rule stronger. The order is based on two cases in which social media companies were accused of failing to take action against users who spread harassment, child pornography and violence.
The court has also made it clear that if social media companies prove that they have taken necessary steps in time to remove illegal content, then they will not be held liable. This decision has also become a cause of tension in relations between America and Brazil.
US Secretary of State Marco Rubio has warned that if censorship is imposed on the freedom of expression of American citizens, then visa restrictions could be imposed on Brazilian officials.
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