1 month, 2 weeks ago

The Tale Of Two Cases (And Platforms): The Brazilian Paradox

At present, the Brazilian Supreme Court finds itself in a unique position. Within the Marco Civil framework, Article 19 simply provides that an IAP can only be held liable for any illegal content on its platform, if it does not fulfil an explicit court order to remove the said content. One exception is the notice-and-takedown regime envisaged under Article 21, allowing the IAP, to make unavailable any content, without a court order, simply at the user's request. Further, the court reasoned that the imbalance created by Article 19 between freedom of speech and expression on the one hand and right to privacy of the users and removing 'harmful' content on the other hand makes it unconstitutional. Striking down a broad-worded Section 66A of the Information Technology Act, 2000, the Supreme Court of India, reinterpreting Section 79, restricted the intermediaries from removing content on any other request except a court order.

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Privacy Court Internet Freedom Speech Content Brazil Article Brazilian Provision Iap Marco Civil

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