TozziniFreire acts in the Marco Civil da Internet trial
In March of this year, the Supreme Court held a public hearing to discuss whether or not the current wording of article 19 of the Marco Civil da Internet (MCI – (Civil Rights Framework for the Internet)) is compatible with the Federal Constitution. The debate gave rise to topics 533 and 987 of general repercussion.
TozziniFreire Advogados is representing Meta in Topic 987. The case is being heard in Brasilia. As of this Wednesday (November 28), the STF is judging three actions involving the MCI and discussing the future of an article on the liability of digital platforms.
This judgment will define the constitutionality or unconstitutionality of the Internet Safe Harbor in Brazil. TozziniFreire, represented by partners Patricia Helena Martins (pictured left) and Bruna Borghi (pictured right), has been advising Meta on this case since its inception. All the big tech companies are present in the case, which will shape the future of the Brazilian internet by defining the extent to which big tech companies are covered by the Safe Harbor or should be held liable for user-generated content.
The Brazilian debate follows a global trend. In the US, two landmark Supreme Court decisions (Gonzalez v. Google LLC and Twitter Inc. v. Taamneh) also address the same issue in relation to the liability of technology platforms. In addition, Europe recently approved a new framework for the sector, the DSA (Digital Services Act), which contains specific provisions on the responsibilities and duties of providers, including the duty of care.
The case is so relevant that 4 legal opinions have been issued by renowned experts, including former ministers and professors: Nelson Jobim together with Ronaldo Lemos, Claudia Lima Marques, Francisco Rezek and Lenio Streck. In addition, there are 20 amicus curiae admitted by the Supreme Court (all especially relevant to the economic, political and academic sectors): 11 are in favor and 7 are against the Meta. Two amicus have yet to clearly state their positions. In addition, 4 requests for admission as amicus are still pending.
