Brazil’s Supreme Court Makes Big Tech Liable for Illegal User Posts

Brazil’s Supreme Federal Court (STF) ruled on 26 June that social-media and other digital platforms can be held civilly liable for illegal content posted by users, overturning the broad immunity they had enjoyed under Article 19 of the 2014 Marco Civil da Internet. The decision was adopted by an 8–3 majority and has immediate nationwide effect.

The court said providers must remove or block material classified as criminal once they are notified by users or authorities. For serious offences—such as terrorism, anti-democratic acts, racism, misogyny and crimes against children—justices imposed a wider “duty of care” that allows liability even without prior notice if a systemic failure is found. Paid or algorithmically boosted posts now carry a presumption of platform responsibility, while crimes against honour continue to require a judicial order for takedown.

Companies operating in Brazil must keep a local legal entity and representative with full powers to answer regulators and courts, publish annual transparency reports, and maintain easily accessible channels for complaints and appeals. The ruling establishes a binding precedent for all lower courts until Congress enacts comprehensive legislation.

The decision tightens scrutiny of tech groups such as Meta, Google, X and TikTok, which face fines and lawsuits if they fail to police content adequately. Industry associations warn the new regime may chill legitimate speech, but STF President Luís Roberto Barroso called it “exemplary for the world,” saying it reconciles freedom of expression with the protection of democratic values and public safety.