The analysis will discuss three actions that deal with the responsibility of Internet providers in the elimination of content with manipulated information and the dissemination of hate speech in an extrajudicial manner, without an express determination by the Court.

The court will evaluate the reports of the ministers Luiz Fux, Edson Fachin and Antonio Dias Toffoli. The processes were released for analysis in August.

In the case of the event reported by Días Toffoli, the constitutionality of the rule of the civil framework of the Internet (Law 12.965/2014) will be judged, requiring a prior judicial order to hold providers responsible for illegal acts.

In the process reported by Fux, the STF will debate whether a company that hosts a website on the Internet must monitor offensive content and remove it without judicial intervention.

The lawsuit filed by Fachin, in turn, questions the legality of blocking the WhatsApp messaging application by judicial decisions.

Last year, the Supreme Court held a public hearing to analyze the rules of the civil framework of the Internet, in which it was intended to hear experts and representatives of the public sector and civil society to obtain technical, economic and legal information before considering the matter.

During the presidential elections, both in 2018 and 2022, social networks played a central role in the spread of fake news. In particular, content with disinformation was distributed on a large scale through WhatsApp, Facebook and more recently Telegram, affecting public perception of candidates and political events, leading to a debate on the need for greater regulation and responsibility of the platforms.

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