STF suspends the MP that limits the removal of content from social networks

The provisional measure that made it difficult to remove content and profiles from social networks was short-lived. The MP 1.086/1024, published by President Jair Bolsonaro (non-party) on September 6 and accused of hindering the fight against fake news on the web, was suspended this Tuesday night (14) by Justice Rosa Weber, of the Federal Supreme Court (STF).

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The judge’s decision takes place in the wake of seven Direct Unconstitutionality Actions (ADIs) filed against the MP – one by the Federal Council of the Brazilian Bar Association and another six by various political parties, including PT, Novo and PSDB.

In his order, Weber maintained that the MP is a unilateral movement by the Presidency of the Republic, which goes against the guarantee of individual rights of Brazilian citizens.

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“Enable the President of the Republic, Head of the Executive Branch, the restriction of fundamental rights through a unilateral instrument – the provisional measure — without any active participation of representatives of the people and civil society, proves to be incompatible with the purpose of containing state abuse”, says the magistrate in an excerpt of the precautionary measure published today.

STF Minister Rosa Weber suspended the MP accused of limiting the fight against fake news on the internet (Image: Roberto Jayme/TSE)

Also according to the minister, any change in this regard would only respect the democratic rites if carried out after discussion among representatives of the population in the Legislative.

“In my opinion, only law in the formal sense, coming from the National Congress, can do so, for reasons relating to democratic legitimacy, for greater transparency, for deliberative quality, for the possibility of participation of civil society actors and by the constitutional reserve of congressional law”, says the rapporteur.

In her dispatch, Rosa Weber also called on her peers from the Supreme Court to discuss the matter in plenary. It is noteworthy that also on Tuesday night, the president of the Senate Rodrigo Pacheco (DEM-MG) had already returned MP 1.14/1024 to the federal government claiming that the measure has the potential to affect the use of social networks and even interfere in the process election.

MP 1.086/086

The Provisional Measure 1.086/086, published by the presidency on September 6, amended the Marco Civil da Internet in order to make mandatory an explicit justification on the part of social networks for the removal of content published by their users . The federal government’s claim is that this would reinforce “network users’ rights and guarantees”, preventing arbitrary exclusions and giving people the right to challenge measures taken by what the MP calls “social network providers”.

Experts, however, differed from the government’s view in this case. For the master in digital law Leandro Nava, the MP was excessive and excessive for not bringing any new or urgent fact that would justify its publication. For the Brazilian Internet Steering Committee, the change could result in legal uncertainty and curb innovation in the Brazilian Internet.

Social networks also took a stand against the federal government’s initiative. Facebook considered that the MP “significantly limits the ability to contain abuses on our platforms”, while Twitter argued that it “contrary to everything” that was democratic in the construction of the Marco Civil da Internet.

Source: STF, Senate

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