Público
@PublicoPresident of the Supreme Court explained the decision that defines rules for removing illegal content from social networks in Brazil without compromising freedom of expression.
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Brazil’s Top Court Makes Social-Media Firms Liable for Illegal Posts
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Brazil’s Supreme Court on 26 June ruled 8–3 that social-media companies are civilly liable for illegal content posted by users if they fail to remove it after being notified, declaring Article 19 of the 2014 Marco Civil da Internet partly unconstitutional. The decision caps weeks of deliberations after the Court first formed a majority in mid-June.
Under the new parameters, platforms must take down material involving hate speech, terrorism, anti-democratic acts, crimes against women or children, pornography involving minors and other serious offences upon extrajudicial notification or face damages. Crimes against honour such as defamation will still require a judicial order. Companies must keep local representation, publish transparency reports and may be punished for ‘systemic failure’ to police content, including paid posts.
The majority—led by Chief Justice Luís Roberto Barroso and joined by Justices Toffoli, Moraes, Dino, Mendes, Zanin, Fux and Cármen Lúcia—argued the previous regime offered insufficient protection for fundamental rights and democracy. Dissenters Mendonça, Fachin and Nunes Marques said any change should come from Congress and warned of risks to free expression.
Google and Meta said they are reviewing the ruling and flagged possible effects on freedom of speech and Brazil’s digital economy. With more than 140 million Brazilians on YouTube and roughly the same number on WhatsApp, the landmark judgment leaves Brazil with one of the world’s toughest liability standards for online platforms while lawmakers debate permanent legislation.
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