Associations, among others. The hearing continued this Wednesday morning (29/3), with speakers mainly linked to research entities on the topic. Wednesday afternoon exhibitors Article 19 of the Marco Civil da Internet requires a prior court order for the deletion of content so that the provider is held responsible for damages arising from illicit acts carried out by third parties. Twitter's legal consultant, Jacqueline Abreu, argued that such a civil liability rule is a legitimate political decision by the Legislature and that any discussion on the topic must take place in Parliament. Humberto Chiesi Filho, from Mercado Livre, agreed with the statement and called for civil society participation. He also highlighted that even competent authorities have difficulty correctly identifying irregular content. In the opinion of TikTok's public policy director in Brazil, Fernando Gallo, there is a perception that platforms only remove content by court order.
However, he pointed out that, in the third quarter of last year alone, the social network proactively removed 111 million videos. Entities linked to companies that operate on the internet defended the Marco Civil rule. Among them were the Brazilian Internet Association (Abranet) and the Federation of the Association of Information Technology Companies (Assespro). The representative of Abranet, Carlos Affonso Souza, highlighted that it is possible to be in favor of the constitutionality position of the art. 19 of the Marco Civil da Internet and, at the same time, be in favor of regulation and its improvement. "It is pos Special Phone Number Data sible that there is sensitivity to understand that certain issues need advances and updates", he defended. However, according to him, dismantling the Marco Civil and article 19 will bring more risks than solutions. " of article 19, but on the contrary, it comes from thinking about new exceptions, duty of care and transparency rules that can be complementary to this responsibility regime designed therein". Waldemar Gonçalves Ortunho Júnior, from the National Authority for Personal Data Protection (ANPD) also followed this line.
According to him, the Marco Civil brings necessary conditions for economic and technological development and for guaranteeing fundamental rights on networks. Ronaldo Lemos, from the OAB-SP Technology and Innovation Commission, defended the dialogue to review article 19, with the creation of specific situations. He also proposed self-regulation by platforms and the creation of supervisory bodies that oversee moderation activities and establish transparency rules. Professor Marcel Leonardi, representative of the São Paulo Lawyers Institute (Iasp), assessed the search for criteria for removing illegal content from networks as a challenge. According to him, the limits on freedom of expression make it difficult to understand when critical speech becomes hate speech. On the press side, the president of the National Newspaper Association (ANJ), Marcelo Rech, argued that social networks are full of robots and automated accounts, which makes it difficult to hold people accountable for content. Therefore, he stated that platforms must prohibit fake accounts before they are created.
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