Brazil’s Supreme Court clears way to hold social media companies liable for user content
- On Thursday, Brazil's Supreme Federal Court ruled that digital platforms are liable for illegal user content without needing a prior court order.
- This decision replaced the prior rule that platforms were liable only after receiving a court order, reflecting a shift to stricter content responsibility.
- The ruling requires platforms like Google, Meta, and TikTok to monitor and promptly remove hate speech, racism, incitement to violence, and other illegal content after extrajudicial notification.
- The court voted 8-3, introducing systemic failure liability if companies fail to adopt preventive measures, and stated platforms will not be liable if they act expeditiously to remove illegal posts.
- This precedent expands platform accountability, pressures providers to proactively moderate content, creates legal uncertainty, and may intensify disputes over balancing electoral integrity and freedom of expression.
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56 Articles
Social Media Companies Liable for User Content: Brazil’s Supreme Court
Social media companies are to be held legally responsible for users’ posts in Brazil, according to its top court. Brazil’s Supreme Court ruled on June 26 that internet platforms such as Facebook, TikTok, Google, and X can be held liable for user content. In cases involving allegations of “crimes against honor,” [“Crimes contra a honra”] which refer to defamation and insults, platforms will be required to pay compensation if they fail to comply w…
Brazil's STF in favor of holding social media accountable for users' harmful content
Brazil's Supreme Federal Court (STF) decided Thursday by 8 votes to 3 that social networks should be held accountable for any illegal content posted on them by their users.
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