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Brazil's supreme court rules that platforms like Facebook and X can be held liable for user posts, requiring them to remove content even without a court order

⁨307⁩ ⁨likes⁩

Submitted ⁨⁨3⁩ ⁨weeks⁩ ago⁩ by ⁨Pro@programming.dev⁩ to ⁨technology@lemmy.world⁩

https://restofworld.org/2025/brazil-social-media-content-ruling/

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  • ShittyBeatlesFCPres@lemmy.world ⁨3⁩ ⁨weeks⁩ ago

    On the one hand, I’m against censorship. But on the other, every bit of content on Facebook and X should be removed and all their hardware run through industrial shredders. It’s quite the conundrum.

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    • Peruvian_Skies@sh.itjust.works ⁨3⁩ ⁨weeks⁩ ago

      Censorship is bad, but Facebook and X’s entire business models revolve around spreading content that is at once false and inflammatory, either just to create engagement or for more malicious purposes, and they reach a huge portion of the population directly, including children, teenagers, the mentally ill and other vulnerable populations. This requires a new understanding of accountability for spreading information.

      I wouldn’t agree that it makes sense to hold a Mastodon instance responsible for what its users post, because they don’t have a financial incentive or the ability to promote misinformation at a massive scale. Twitter does. As Aristotle said, we must treat equals equally, and treat the unequal unequally according to the form and extent of their inequality.

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      • balder1991@lemmy.world ⁨3⁩ ⁨weeks⁩ ago

        The algorithms optimized for engagement with no ethics was the point the world starts going downhill.

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    • FlashMobOfOne@lemmy.world ⁨3⁩ ⁨weeks⁩ ago

      It’s not censorship to hold people accountable for making editorial decisions on media platforms, and as long as FB, Twitter, and others are weighting different kinds of content in their algorithms (which they are), they should be held accountable financially and legally for the consequences.

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      • Ulrich@feddit.org ⁨2⁩ ⁨weeks⁩ ago

        What do you think censorship is, exactly?

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      • WhyJiffie@sh.itjust.works ⁨2⁩ ⁨weeks⁩ ago

        it becomes a form of censorship when snall websites and forums shut down because they don’t have the capacity to comply.

        this also applies to lemmy, but strictly tech help forums too.

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    • ViatorOmnium@piefed.social ⁨2⁩ ⁨weeks⁩ ago

      The same way your right to wave your hands ends before they reach other people's faces, free speech can't include speech infringing on other people's dignity (in the legal/philosophical sense).

      Regulating speech within this frame is as bad as stopping a bar fight by dragging the participants away.

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      • Ulrich@feddit.org ⁨2⁩ ⁨weeks⁩ ago

        free speech can’t include speech infringing on other people’s dignity

        Actually, that’s exactly what free speech is for. Nobody needs free speech to tell their neighbor their hair looks nice today.

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  • gaspar_petersen@programming.dev ⁨3⁩ ⁨weeks⁩ ago

    I’m not sure this is a good thing. How will small Brazilian websites and forums be able to comply with these regulations? Sure, Meta and Google can afford to spend millions on content moderation. I don’t know if all sites can. I wonder how it will affect Brazilian lemmy instances, for example.

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    • drmoose@lemmy.world ⁨2⁩ ⁨weeks⁩ ago

      They won’t be able to. Tech laws in Brazil are incredibly archaic and non-sensical so this isn’t even registering with people cause Brazil is so far behind.

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    • FreedomAdvocate@lemmy.net.au ⁨3⁩ ⁨weeks⁩ ago

      Exactly. Imagine if Lemmy instance owners became legally responsible for everything that was posted on their server! Especially with the way federation works - instance admins would be having to de-federate from every other instance on day 1, and would basically have to approve every single comment on every single post to ensure they didn’t get in trouble with the law.

      This is a terrible idea. It means a single bad actor could bring down a small social media site by themself really easily just by spamming illegal content and reporting it to the police themselves.

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      • The_v@lemmy.world ⁨2⁩ ⁨weeks⁩ ago

        The court’s decision also introduced the concept of systemic failure, which holds providers liable when they fail to adopt preventive measures or remove illegal content. Now, platforms will be expected to establish self-regulation policies, ensure transparency in their procedures, and adopt standardized practices.

        Pretty sure this would cover Lemmy and most traditional forums as long as they have a written policy and standards that are consistently enforced.

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      • Geodad@lemmy.world ⁨2⁩ ⁨weeks⁩ ago

        Or just ignore it and never go to Brazil. 🤷‍♂️

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  • umbraroze@slrpnk.net ⁨2⁩ ⁨weeks⁩ ago

    On the other hand, I think safe-harbour laws are very much necessary if we want the Internet to work for the positive good of the world. We want the companies to take reasonable precautions and act on problematic stuff if it crops up, but that’s probably enough.

    But on the other hand, jeez, have you seen what kind of discussion shitholes Facebook and Twitter have cultivated? If your company is being described as an accessory to genocide, maybe something has already gone horribly wrong.

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  • ICastFist@programming.dev ⁨3⁩ ⁨weeks⁩ ago

    The main problem is that the platforms have a money incentive to keep spam and scam posts online. They pay meta and TikTok for boosts, the scam gets boosted, all done.

    Frankly, it seems like the problem could be solved by forcing the platforms to get a Know Your Customer level of information and putting that info on every boosted post, so people know who’s paying for that.

    Buuuut, it’s Brazil. Justice and fairness only ever happen as side effects from judges’ decisions

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    • drmoose@lemmy.world ⁨2⁩ ⁨weeks⁩ ago

      Its so easy to implement a half-decent KYC these days. Thers a bit of KYC already but it’s so basic any scammedr can get around it all easily.

      Meta in particular is so bad. I’ve been reporting straight up scam ads on threads for months now and they’re still there!

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      • ICastFist@programming.dev ⁨2⁩ ⁨weeks⁩ ago

        Last week, as this discussion was getting media attention, Meta said that “most of those posts only stay up for 4-8 hours before the (uploader) deletes it”

        Dunno how truthful that statement is, but that really shows how easy it is to game their system

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  • MolecularCactus1324@lemmy.world ⁨2⁩ ⁨weeks⁩ ago

    I think liberal values like free speech, secularism, and tolerance might actually require defending from forces that abuse those values to destroy them. If this is the way to do it, then I think it’s becoming increasingly necessary. The fact of the matter is a lot of people are impressionable according to what they read and see. Society simply cannot function when there are malicious actors intentionally trying to spread divisive hate and misinformation.

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  • FreedomAdvocate@lemmy.net.au ⁨3⁩ ⁨weeks⁩ ago

    Guess the people of Brazil will be losing access to social media platforms soon.

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    • meyotch@slrpnk.net ⁨3⁩ ⁨weeks⁩ ago

      Lucky people. They will have a period of mourning and then enter a cultural renaissance.

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      • FreedomAdvocate@lemmy.net.au ⁨3⁩ ⁨weeks⁩ ago

        Nah, most likely the government that enacts these laws will be replaced soon enough by whoever promises to undo the laws.

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      • balder1991@lemmy.world ⁨3⁩ ⁨weeks⁩ ago

        I wish. My mom is like a zombie on Facebook for maybe 4 years.

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  • Treczoks@lemmy.world ⁨2⁩ ⁨weeks⁩ ago

    If Fakebook or ex-Twatter suddely have to remove all hate-, shit-, and Nazi posts, they would probably be rather … empty?

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