Brazil Supreme Court Holds Social Platforms Liable for Users’ Illegal Posts

Brazil’s Supreme Federal Court voted 8–3 on 26 June 2025 to invalidate key portions of Article 19 of the 2014 Marco Civil da Internet, ending the broad legal shield that had protected technology platforms from liability for user-generated content unless a judge ordered removal. Under the new standard, social media companies can be sued for damages if they fail to delete material deemed criminal or illicit after receiving a private notification. Crimes such as calúnia, difamação and injúria remain subject to a judicial takedown order, but content involving hate speech, terrorism, anti-democratic acts or violence against women and minors must be blocked once flagged, or the platform risks liability for “systemic failure.”

The decision emerged after weeks of deliberations that began on 11 June and saw the court steadily build a majority as justices Cristiano Zanin, Flávio Dino, Gilmar Mendes and, finally, Alexandre de Moraes joined the pro-liability camp. Dissenting votes from Edson Fachin, André Mendonça and Nunes Marques were not enough to preserve the previous regime, which required a specific court order in almost every instance. The ruling has binding effect on lower courts until Congress enacts new legislation.

Platforms such as Meta, Google, X and TikTok must now maintain a legal representative in Brazil, file annual transparency reports, and keep channels for rapid user complaints. Paid advertising and algorithmically promoted posts are presumed the platform’s responsibility. Industry groups and several companies warned the stricter regime could chill speech and raise compliance costs, while Chief Justice Luís Roberto Barroso called the framework “exemplary for the world” and said it protects democracy without dismantling free expression.