Brazil's Supreme Court clears way to hold social media liable for user content

原始链接: https://apnews.com/article/brazil-supreme-court-social-media-ruling-324b9d79caa9f9e063da8a4993e382e1

Brazil's Supreme Court has ruled that social media companies like Google, Meta, and TikTok can be held liable for user-generated content involving hate speech, racism, and incitement to violence if they fail to remove it after being notified. The 8-3 decision requires these platforms to actively monitor such content. The ruling stems from cases where social media companies were accused of failing to act against users promoting illegal activities like fraud and child pornography. Individuals can now sue platforms for hosting illegal content if they ignore removal requests. While the court didn't define "illegal" content, leaving it to case-by-case interpretation, it did state that companies are not liable if they can demonstrate timely removal efforts. The decision strengthens existing laws requiring content removal via court orders. The ruling has sparked debate and concern over potential free speech restrictions, and comes after U.S. officials warned against censoring American citizens. It aligns Brazil's approach to regulating big tech more closely with that of the European Union.

This Hacker News thread discusses Brazil's Supreme Court decision to hold social media companies liable for user-generated content. Many commenters compare this to Section 230 in the US, which protects platforms from liability. Some suggest this could effectively ban social media in Brazil, while others think enforcement will focus on big tech companies like Facebook, Instagram, and YouTube. Several users suggest alternative solutions to the problems with social media, such as banning algorithmic recommendations that encourage engagement or banning targeted ads to reduce the incentive for engagement. One commenter proposes requiring platforms to disclose their algorithms to promote simpler, less manipulative content curation. Others point out that platforms thrive on user engagement, often driven by algorithms promoting controversial content. The overall sentiment is a desire for more regulation of social media, with some even suggesting a full ban. A comment mentions the discussion relates to the European law about social media content.

原文

SAO PAULO (AP) — Brazil’s Supreme Court agreed on Thursday on details of a decision to hold social media companies liable for what their users post, clearing the way for it go into effect within weeks.

The 8-3 vote in Brazil’s top court orders tech giants like Google, Meta and TikTok to actively monitor content that involves hate speech, racism and incitation to violence and act to remove it.

The case has unsettled the relationship between the South American nation and the U.S. government. Critics have expressed concern that the move could threaten free speech if platforms preemptively remove content that could be problematic.

After Thursday’s ruling is published by the court, people will be able to sue social media companies for hosting illegal content if they refuse to remove it after a victim brings it to their attention. The court didn’t set out firm rules on what content is illegal, leaving it to be decided on a case-by-case basis.

The ruling strengthens a law that requires companies to remove content only after court orders, which were often ignored.

It’s the product of two cases accepted by the court last year in which social media companies were accused of failed to act against users promoting fraud, child pornography and violence.

A majority of the 11 justices voted to approve the change two weeks ago, but it took until today to reach consensus on how to implement it.

The justices also agreed that social media companies will not be liable if they can show they took steps to remove illegal content in a timely fashion.

Google said in a statement that is analyzing the court’s decision.

“We remain open for dialogue,” the company said.

Brazil’s top court came to the decision after U.S. Secretary of State Marco Rubio warned of possible visa restrictions against foreign officials involved in censoring American citizens.

Thursday’s ruling brings Brazil’s approach to big tech closer to the European Union’s approach, which has sought to rein in the power of social media companies and other digital platforms.