Civil liability of ISPs: Marco Civil da Internet on Brazilian Supreme Court and Electoral Court, and draft law nº 2630/202
Hosted by the Escola Paulista da Magistratura (São Paulo School of Judges)
in cooperation with Columbia Global Freedom of Expression
The event will be held in Portuguese.
Due to the massive use of the internet as a vehicle for the exercise of freedom of expression, resulting in a large number of judicial processes on it in Brazil, and the actual difficulty in implementing effective protection of freedom of expression and at the same time guaranteeing safeguard to other rights that have the same level of constitutional and legal protection, the course objective is to study the current academic and judicial trends on the mentioned subject, nationally and internationally, to assist legal operators in the task of solving the practical problems that have emerged.
In Brazil, article 19, of Marco Civil da Internet, inspired by American Section 230, of CDA, regulates the liability of Internet Services Providers (ISPs) for user-generated content, however, it has been contested by scholars, lawyers, judges, and politicians, under the arguments that it is insufficient to combat illegal content such as disinformation, hate speech, attacks on democracy, among others, and that the content moderation activity by social media is opaque, demanding the creation of measures that bring more transparency about the criteria used by them.
Like in the US, in Brazil, especially during the electoral period, the Internet was flooded with illegal content aimed at calling into question the reliability of the electoral system and democracy itself, with electoral justice playing an important role in controlling harmful content. There are two cases in the Federal Supreme Court questioning the civil liability system of ISPs for user-generated content and the possibility of content removal based on notice and takedown (RE 1037396 e RE 1057258). On the other hand, the Draft law nº 2630/2020 is intended to modify the liability system of ISPs and impose new transparency obligations on content moderation.
Professor at Goethe University and Legal Grounds Institute Director Ricardo Campos and Congressman and Rapporteur of Law Draft nº 2630/2020 Orlando Silva will discuss article 19, of Marco Civil da Internet, the jurisprudence of the Superior Electoral Court and Federal Supreme Court on the subject of ISPs liability for user-generated content, the content moderation and the main guidelines about it on Draft law nº 2630/2020.
- Dr. Claudio Luiz Bueno de Godoy, São Paulo School of Judges
- Dr. Ricardo Campos, Professor at Goethe University and Legal Grounds Institute Director
- Orlando Silva, Congressman, Rapporteur of Law Draft nº 2630/2020
This webinar was made possible with support of UNESCO Multi-Donor Programme on Freedom of Expression and Safety of Journalists (MDP)
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Dr. Claudio Luiz Bueno de Godoy is a Judge at the Court of Justice of the State of São Paulo and has been an Associate Professor at the Department of Civil Law at the Faculty of Law of the University of São Paulo since 2009. He has a degree in Law from the University of São Paulo (1986), a Master’s degree in Civil Law from the Pontifical Catholic University of São Paulo (2000), a Doctorate in Civil Law from the Pontifical Catholic University of São Paulo (2004), and a Professorship from the Faculty of Law from the University of São Paulo (2007).
Ricardo Campos is an Assistant Professor at the Faculty of Law at Goethe Universität Frankfurt am Main, Germany. Together with Gunther Teubner, Thomas Vesting, and Rudolf Wiethölter, he teaches the weekly seminar on legal theory at the Frankfurt Law Faculty. He worked as a legal philosophy tutor with Prof. Klaus Günther (Frankfurt/Main) and was a junior assistant at the chair of sociology at the University of Passau, Germany. He holds a Master’s degree in Legal Theory (LL.M – Master of Laws) from Goethe Universität, Frankfurt am Main (2010). He studied Law (2008) at the Federal University of Juiz de Fora, Goethe Universität, Frankfurt am Main (Germany), and Universität Passau (Germany). He has academic experience in the areas of public law, regulatory law, media regulation, data protection, privacy, and legal theory.
Orlando Silva is a Federal Deputy for PCdoB/SP (the Communist Party of Brazil) in his third term. Orlando Silva is the rapporteur for Law Project nº 2630/2020, known as the Fake News Law Project.