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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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CartaCapital broke the news in São Paulo, Brazil on Thursday, June 26, 2025.
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