Have you ever wondered how the responsibility of social networks, such as Facebook and Instagram, works regarding harmful content posted by their users?
Millions of pieces of content are posted every day by a multitude of different people. Logically, it is reasonable to say that social networks cannot monitor everything that is posted. However, we know that the networks filter some content.
As a rule, the networks are only liable for damages resulting from content generated by third parties if they do not take action after a specific court order.
Therefore, to have content removed, a judicial action is necessary in which the judge, upon reviewing the posts, decides on the harmfulness of the content, determining a deadline for its removal. The analysis is carried out on individualized content, and all corresponding URLs (network address of the search) for the offensive materials must be presented. Therefore, generic requests, such as asking Facebook to remove all offensive content about a certain person, are not possible (Art. 19)
However, nothing prevents the provider from removing the content after being notified extrajudicially if it understands that the material violates the terms of use of the network.
Exceptions to the rule of obligation to remove content from social networks
There are two exceptions to the rule of obligation to remove content through a judicial decision, that is, cases in which judicial interference is not necessary. They are in cases of copyright infringement (art. 19 § 2°) and the dissemination of intimate images (art. 21).
In the case of copyright, a simple extrajudicial notification already gives rise to the duty to remove the content. This also extends to the dissemination of intimate images without consent, where the duty to act on the part of the social media begins with the extrajudicial notification. Therefore, in these cases, judicial notification is not mandatory.
Thus, we see that social networks are responsible for the content posted by their users! In this sense, the Brazilian Internet Civil Rights Framework filled a gap in Brazilian legislation, proving to be essential for various issues. In addition to establishing principles, guarantees, and duties that make the network free and democratic in Brazil, removing the idea that the internet is a "lawless land."
