Brazil Supreme Court’s 8-3 Ruling Makes Social Media Firms Liable for Content

Brazil’s Supreme Federal Court (STF) on 26 June voted 8–3 to make social-media companies directly liable for illegal or harmful posts left online after they are notified, scrapping a decade-old rule that shielded platforms unless they ignored a court order. The ruling applies immediately to services operated by Meta, Google, X and others, and has binding effect on all Brazilian courts.

The majority declared Article 19 of the 2014 Marco Civil da Internet partially unconstitutional. Platforms must now remove content involving hate speech, terrorism, anti-democratic acts, violence against women, crimes against children and trafficking upon extrajudicial notice, or face civil damages. Defamation and other crimes against honour still require a judicial order. Justices also introduced the notion of “systemic failure”, under which providers can be penalised for lax moderation, and ordered companies to maintain a local representative, rapid-response channels and annual transparency reports.

The decision will remain in force until Congress enacts new legislation and is expected to compel large technology firms to expand local compliance teams in one of their biggest markets. Google and Meta said they are reviewing the verdict and warned it could curb free expression and weigh on the digital economy, while STF President Luís Roberto Barroso called the framework a balanced step to protect constitutional rights and democracy. Legal analysts say Brazil now has one of the world’s strictest liability regimes for online platforms, exposing companies to significant fines and civil claims if they fall short of the new standards.