Brazil’s Supreme Court voted 8–3 on 26 June to make social-media and other digital-platform operators civilly liable for illegal user content that they do not remove after receiving an extrajudicial notification. The decision partially struck down Article 19 of the 2014 Marco Civil da Internet, which had shielded providers unless they ignored a specific court order.
The new standard compels companies such as Meta, Google, X and TikTok to act swiftly against posts involving hate speech, terrorism, anti-democratic acts, racism, misogyny, human-trafficking and child-sexual abuse. Crimes against honour, including defamation, will still require a judicial order for takedown, but replicated content must be removed once a platform is notified.
Providers must now maintain a legally empowered representative in Brazil, adopt due-process channels for complaints, and publish annual transparency reports on content removals and paid promotions. Failure to comply can lead to damages, fines and broader liability for what the Court terms “systemic failures” in content moderation.
The ruling emerged from two appeals involving Facebook and Google. Justices Luís Roberto Barroso, Alexandre de Moraes, Gilmar Mendes and five colleagues formed the majority, while André Mendonça, Edson Fachin and Nunes Marques dissented, arguing that any change should come from Congress. The Court said its interpretation prevails until lawmakers pass new legislation.
Google and Meta said they are reviewing the decision and warned it could chill speech and burden Brazil’s digital economy. With roughly 140 million Brazilians on Instagram and 145 million on WhatsApp, the judgment positions the country among the world’s most stringent regulators of online platforms and adds to mounting global pressure on Big Tech to police harmful content.
NETWORK REGULATION | The president of the Supreme Court, Luís Roberto Barroso, at an event in Lisbon this Wednesday (2), defended the regulation of social networks and the decision of the Court that established criteria for holding digital platforms responsible for published content.
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📝 Ana Tereza Basilio and Cândida Diana Terra | STF decision regarding internet framework was necessary. It is now up to Congress to assume its role and offer robust, clear, and effective legislation.
