Supreme Court of Brazil Voted Against Resolution on Fake News in Brazil

Brazil Supreme Court Law Insider

Aastha Thakur

Published on: October 26, 2022 at 21:27 IST

The majority of Supreme Federal Court (STF) ministers voted in favor of Judge Edson Fachin‘s ruling, who rejected the Public Prosecutor’s Office’s request to suspend some of the TSE’s provision aimed at accelerating the removal of lies and misinformation content from social media during the election.

The TSE session on October 20 unanimously approved this resolution. It says, among other things, that the court may order social media platforms and advertising campaigns to decimate links to “fake news” within two hours.

Augusto Aras, the Republic’s Attorney General, had his initial proposal denied by Fachin of the STF last Saturday because he believed it may led to censorship.

The Aras challenged Fachin’s decision and reaffirmed his belief that the new decision encourages “prior censorship.”

The TSE’s order expands the court’s police authority, allowing it to remove, for instance, digital content and social media profiles that copy content that the Electoral Justice has already deemed to be fraudulent.

The TSE officially declared that former president and Workers’ Party candidate Luiz Inácio Lula da Silva won the first round of voting on October 2 with 48.43 percent of the vote over far-right candidate and Liberal Party incumbent Jair Bolsonaro, who received 43.20 percent.

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