Will platforms like X and TikTok face new sanctions for illegal content?

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Platforms in Brazil Face Potential for New Sanctions Over Illegal Content

Brazil's Supreme Court is moving towards establishing greater accountability for social media platforms regarding the removal of illegal content. A majority of the court's judges have indicated support for regulations that would require companies such as X, TikTok, Instagram, and Facebook to proactively monitor and remove problematic posts, rather than waiting for judicial orders. This shift could lead to new sanctions for platforms that fail to comply with these heightened responsibilities.
Increased Accountability for Platforms

Six out of the 11 justices on Brazil's Supreme Court have voted in favour of increased accountability for social media companies. This signifies a move away from the current legal framework, the Civil Framework for the Internet, which has been in place since 2014. Under the existing law, platforms are primarily held responsible only if they disregard a specific judicial order to remove illegal content. The emerging consensus suggests a requirement for platforms to exercise greater diligence in content moderation.
Proactive Content Monitoring Mandated

The judicial majority supports a framework where platforms are expected to monitor content and remove illegal posts on their own initiative. This approach contrasts with the current practice, which largely relies on judicial intervention to trigger content removal. Judge Flavio Dino articulated this sentiment, advocating for "regulated freedom," which implies a balance between free expression and the responsibility of platforms to manage harmful content.
Potential for New Sanction Mechanisms

The Supreme Court is also deliberating on the specific sanctions that can be imposed on social media companies if they fail to meet these new content moderation standards. While the exact nature of these sanctions is still under consideration, the court's movement towards greater accountability suggests that mechanisms for penalizing non-compliance are likely to be established. This development follows past instances, such as Judge Alexandre de Moraes's orders to block X for failing to comply with court directives against disinformation. President Lula da Silva has also expressed support for accelerating the regulation of online platforms.

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Will platforms like X and TikTok face new sanctions for illegal content?

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