Brazil's Top Court Opens Door to Stricter Tech Regulation as Trump Weighs Trade Pressure
Brazil's Federal Supreme Court (STF) has made a significant ruling, partially striking down Article 19 of the Marco Civil da Internet (MCI), which could pave the way for stricter regulation of tech platforms. Meanwhile, US President Donald Trump has inserted himself into the debate, using trade policy to pressure Brazil over its digital policies.
Last month, the STF declared parts of Article 19 unconstitutional. This article had previously granted internet application providers immunity from liability for content posted on their platforms, unless ordered by a court. The ruling now allows for greater civil liability, potentially holding these providers accountable for harmful content.
This decision comes amidst a turbulent political backdrop. A far-right movement attempted to overturn the election of President Luiz Inácio Lula da Silva, who defeated former president Jair Bolsonaro. Bolsonaro, now on trial for his role in an attempted coup, had opposed stricter tech regulations during his presidency.
Trump, in a letter to Silva on July 9, raised tariffs on Brazilian products to 50%. He also directed his trade representative to open a Section 301 investigation, accusing Brazil of adopting measures that hinder US tech platforms. James Görgen, a specialist in public policy, has been advising the Ministry of Development, Industry, Foreign Trade and Services (MDIC) on these issues. The decision has implications for Brazil's platform regulation and civil liability for online speech.
Historically, Brazil has struggled to pass laws regulating technology companies. Opposition from specific political parties, typically conservative and pro-business, has hindered legislative efforts. However, the STF's recent decision may open a window for new regulations.
The STF's ruling on Article 19 of the MCI could significantly impact how Brazil regulates tech platforms and determines civil liability for online speech. Meanwhile, Trump's trade actions add a layer of complexity, with potential implications for Brazil's digital policies and international relations.
