ABES and 5 other entities released a public note multisectoral entitled “The Future of the Internet in Brazil and the Fundamental Values at Stake”, released on Monday afternoon (12/09), in which they express their concerns regarding the developments of the Brazilian Supreme Court’s ruling on the Internet Civil Rights Framework. The entities recognize the vital role of the Supreme Federal Court in democracy and the protection of fundamental rights in Brazil, especially when ruling on Article 19 of the Internet Civil Rights Framework. They warn that changes to the current model of liability for the removal of digital content require caution, in order to preserve these rights. The imposition of objective liability without notification may undermine the idea of content moderation and violate fundamental rights, reduce legal certainty and increase litigation, affecting the functioning of several sectors. The entities also reinforce that the Internet Civil Rights Framework was created as a lasting public policy, aiming at rights and digital inclusion. Changing this structure carelessly could compromise a free and accessible internet. The signatories of the note call for reflection on proposals that could impact these values and the defense of a regulation that balances rights, protects diversity and promotes inclusion. The objective is to ensure that Brazil continues to lead the construction of a democratic and innovative digital environment. Read the note below in full and download the note in PDF here.
The Future of the Internet in Brazil and the Fundamental Values at Stake
The undersigned entities recognize the important role played by the Supreme Federal Court in Brazilian democracy and, historically, in the preservation of fundamental rights, mediating debates that shape the future of society. In view of the ruling on article 19 of the Brazilian Internet Civil Rights Framework by the Supreme Federal Court, the signatories suggest that any change in the current model of responsibility for the removal of content in the digital environment must be cautious, preserving fundamental rights.
The change from what we have today – where complex decisions on content removal are decided by the Judiciary – brings the imposition of objective liability, regardless of notification to providers, moving away from the idea of moderation to oblige platforms to a monitoring process, which would be a serious violation of fundamental rights. Likewise, the proposed parameters for liability would reduce legal certainty and increase judicialization, making it even more difficult for several sectors to operate and potentially creating space for extrajudicial notification industries in different fields.
If this model prevails, Brazil could adopt a regime that is unprecedented among consolidated democracies, with serious consequences for freedom of expression, innovation, small entrepreneurs, and digital inclusion. The discussions surrounding the ruling, for the most part, consider only one business model and do not reflect the diversity of models that exist in Brazil today. Therefore, it is essential to reflect on how the decision affects a wide range of services that support the daily lives of Brazilian society, such as marketplaces, streaming services, mobility platforms, education, and health. The change will equally impact several companies, regardless of their size, including community initiatives, harming the plurality and vitality of the Brazilian economy.
The proposed model contrasts with international practices, becoming the most restrictive regime among democracies. In the European Union, the Digital Services Act creates obligations to mitigate systemic risks, proportional to the size and nature of the providers, and does not create monitoring obligations, preserving digital diversity and inclusion. In Germany, the NetzDG establishes specific obligations for some services in relation to illicit content, but maintains a basis of safeguards that ensures proportionality and avoids massive judicialization. The Brazilian proposal, in turn, adopts a centralizing model, which assigns responsibilities to all application providers, ignoring essential differences in scale, function and impact.
What is at stake is not just the regulation of digital services, but Brazil’s very ability to sustain a free, diverse and inclusive digital environment. Without clear criteria and proportionate safeguards, the decision could directly affect initiatives that depend on the internet to flourish — from small businesses to social and cultural organizations — and could lead to preemptive removals and private censorship, compromising democratic debate.
Finally, it is essential to emphasize that the Brazilian Internet Bill of Rights was conceived as a long-term public policy, resilient to current circumstances and built to promote rights and opportunities in an inclusive digital society. Changing this model without considering the impacts threatens not only the present, but also the future of an internet that is, at the same time, free, safe and accessible to all.
The undersigned entities call on Brazilian society to reflect on the impacts of this proposal and to engage in the defense and construction of a regulation that preserves the fundamental values that have brought us to this point. We need a model that balances rights, protects diversity and promotes inclusion, ensuring that Brazil continues to be a protagonist in the construction of a democratic and innovative digital environment.
Signatory Entities:
Brazilian Association of Software Companies – ABES
Latin American Internet Association – ALAI
Brazilian Chamber of Digital Economy – camara-e.net
Confederation of Associations of Brazilian Information Technology Companies –
Assespro
Digital Council
Digital Innovation Movement – MID
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