Brazil's Supreme Court is currently deliberating over the constitutionality of Article 19 under the Marco Civil da Internet, initiated by Justice Dias Toffoli. Most justices acknowledge some unconstitutionality, with a consensus growing toward a notice-and-takedown model for intermediary liability regarding third-party content. However, there are disagreements on its applicability across different platforms and the nature of the content for which liability should be imposed, such as the distinction between general unlawful acts and crimes against honor like defamation. This reflects a broader debate over internet regulation in Brazil.
Key insights from the Supreme Court's ongoing examination of Brazil's intermediary liability laws reveal significant divisions among justices, questioning the scope of Article 19.
While most agree on the unconstitutionality of the current regime, there's contention over whether the notice-and-takedown approach should apply to all internet applications.
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