Intermediary Liability in Brazil: The Intricate Path Ahead
Summary
Brazil is implementing a new internet intermediary liability regime, including notice and takedown mechanisms and duty of care obligations for online platforms. These changes, clarified by the Supreme Court and detailed in recent presidential decrees, aim to address unlawful content while raising concerns about potential overreach and censorship of protected speech.
IFF Assessment
The new liability regime creates incentives that could lead to over-censorship, which is detrimental to defenders of free expression online.
Defender Context
Defenders of online freedom of expression should monitor how these new intermediary liability rules are implemented in Brazil. The potential for over-censorship and the unclear definition of 'systemic failure' could impact content moderation policies and user rights, requiring vigilance to ensure that legitimate speech is not stifled.