Networks: Chamber of Deputies' CCJ approves removal of posts identical to content declared illegal by the courts

The Constitution and Justice Committee of the Chamber of Deputies approved a bill requiring internet application providers to use their "best efforts" to eliminate content identical to content deemed illegal by court order.

According to the proposal, the effort must occur within the technical and operational limits of the service, “and the action must be limited to identical content detectable by available technical means and proportional to the size and nature of the service provided”.

The measure will not imply the obligation of prior or widespread monitoring of content by providers. The text goes to the Senate, if there is no appeal for analysis in the plenary of the Chamber.

Current rules

Currently, the Internet Civil Rights Framework requires non-compliance with a specific court order for internet application providers to be held civilly liable for damages caused by content published by third parties.

According to a thesis of general repercussion approved by the Supreme Federal Court , however, when an offensive fact already recognized by a court decision is repeatedly replicated, all providers must remove publications with identical content based on judicial or extrajudicial notification, regardless of new court decisions to that effect.

(With information from the Chamber of Deputies News Agency)