Background Paper - Legal Regulation of Platforms to Promote

While the last of these refers to the right to speak, the other two focus on the recipient of the information, or what we might call the rights of the listener. [...] For the average citizen it is just as important to know the opinions of others or to have access to information generally as is the very right to impart his own opinions.16 [references omitted] Taken together, the rights to both impart and to seek and receive information create a wide vision for freedom of expression as protecting the free flow of information and ideas in society. [...] 12.965, Establishing the principles, guarantees, rights and obligations for the use of Internet in Brazil,48 popularly known as the Marco Civil, adopted in 2014, set out the basic framework of rules governing the Internet, including such things as liability of intermediaries, the principle of net neutrality, the right of access to the Internet and respect for privacy and data protection principles. [...] The system should facilitate notices that include reasons why the content is considered to be illegal, the electronic location of the content, the name and email of the person filing the notice (except in certain cases of sexual offences and child pornography) and a statement of their good faith. [...] The DSA requires the intermediary to inform the user, at least by the time of removing or disabling access to content, of the fact and territorial scope of the measure, the facts relied upon in the decision-making process, whether automated means were employed, the legal or contractual ground relied upon (depending on the basis for the measure) and redress possibilities, including judicial redress.