Brazil’s Supreme Court Holds Social Platforms Liable for User Posts

Brazil’s Supreme Court voted 8–3 on 26 June to hold social-media platforms civilly liable for illegal posts published by users, partially striking down Article 19 of the 2014 Marco Civil da Internet that had shielded providers unless a court order was ignored. The new standard allows plaintiffs to sue if a platform, once formally notified, fails to remove offending material; in serious categories such as terrorism, child sexual exploitation, racism or attempts to undermine democracy, companies must act proactively without waiting for any notice.

Crimes against honour—including defamation, calúnia and injúria—remain subject to prior judicial authorisation, but all other illicit content, including sponsored or artificially boosted posts, now exposes a service to damages unless it can show “due diligence” in takedown. The court also introduced a “systemic failure” test that can impose penalties when algorithms consistently surface banned content.

Providers must maintain a legally empowered representative and office in Brazil, publish annual transparency reports, spell out moderation rules, and offer accessible channels for complaints. Marketplaces continue to follow the Consumer Defence Code. The ruling has immediate nationwide precedent and stays in force until Congress enacts new legislation.

Brazil—one of the world’s biggest social-media markets with more than 140 million WhatsApp users—now joins the European Union in adopting an active-monitoring model and departs sharply from the U.S. regime that shields platforms under Section 230. Google and Meta said they are concerned about tighter obligations and potential effects on free speech and the digital economy.