Supreme Court justice Barroso discusses freedom of expression in Brazil

Roberto Barroso, a justice of Brazil’s Supreme Court (STF), addressed the topic of freedom of expression in the country, emphasizing the need for caution when considering content restrictions and freedom of speech.

Barroso acknowledged that Brazil had had a turbulent history regarding freedom of expression.

While he supports the ongoing Fake News bill (also called the Censorship bill) in Congress, he expressed disagreement with state bodies being responsible for content moderation.

Barroso suggested that an external and independent body, with representation from the government, platforms (in the minority), civil society, and academia, should handle content moderation.

Such a body could monitor, make recommendations, and, if necessary, impose sanctions.

The justice participated in a panel at the 11th Lisbon Legal Forum in Portugal, discussing platform responsibilities for illicit content and systemic risks.

He highlighted the transformative power of the internet and its democratizing impact on communication and access to information.

However, he acknowledged that it has also enabled defamation and the spread of deliberate falsehoods.

Barroso defended the idea of remunerating journalism companies for their content shared on social networks, as the digital revolution has disrupted traditional journalism models.

He stressed the need for economic regulation, privacy protection, and addressing inauthentic coordinated behaviors and illicit content.

Barroso advocated for a self-regulatory model implemented by companies, with external monitoring from an independent non-governmental body.

He suggested that content removal should generally occur through judicial notification, with automated removal in cases of criminal behavior and private notification for rights violations.

Lastly, the minister discussed the benefits and risks of artificial intelligence, highlighting concerns such as the mass spread of misinformation and the threat to freedom of speech posed by deep fakes.

He referenced false posts implicating him in inappropriate activities as an example.

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