In a landmark decision that tightens regulation on major technology companies, Brazil’s Supreme Court has ruled that social media platforms can now be held legally responsible for content posted by their users. This decision means that companies like Facebook, TikTok and X must immediately remove material such as hate speech, incitement to violence, or “anti-democratic acts,” even without a prior judicial order.
What the Brazil Supreme Court ruling on social media companies said
Brazil’s top court, with eight of 11 judges voting in favour, has paved the way for individuals to sue digital platforms if they notify companies about illegal content that then remains undeleted, as per The Financial Times report.
Previously, apps and websites were only held civilly liable for damages from third-party posts if they failed to comply with a direct judicial order to remove the offending material. The court found this prior rule “no longer sufficient to protect fundamental rights and democracy.”
Brazil Supreme Court ruling: Tech giants react with concern
The decision has been met with a cool reception from some of the affected technology companies.
Meta, the parent company of Facebook, Instagram, and WhatsApp, expressed significant apprehension.
"We are concerned about the implications of the ruling on speech and the millions of businesses that rely on our apps for growth and job creation in Brazil," Meta stated.
The company added that the ruling “brings legal uncertainties and will have significant consequences for free expression, innovation and digital economic development, significantly increasing the risk of doing business in Brazil.”
Google also weighed in, stating it had “already expressed concerns about changes that could impact freedom of expression and the digital economy,” and confirmed it was analysing the court's decision.
The ruling comes amid growing concerns in Brazil over harmful digital content, particularly its impact on young people.
What the Brazil Supreme Court ruling on social media companies said
Brazil’s top court, with eight of 11 judges voting in favour, has paved the way for individuals to sue digital platforms if they notify companies about illegal content that then remains undeleted, as per The Financial Times report.
Previously, apps and websites were only held civilly liable for damages from third-party posts if they failed to comply with a direct judicial order to remove the offending material. The court found this prior rule “no longer sufficient to protect fundamental rights and democracy.”
Brazil Supreme Court ruling: Tech giants react with concern
The decision has been met with a cool reception from some of the affected technology companies.
Meta, the parent company of Facebook, Instagram, and WhatsApp, expressed significant apprehension.
"We are concerned about the implications of the ruling on speech and the millions of businesses that rely on our apps for growth and job creation in Brazil," Meta stated.
The company added that the ruling “brings legal uncertainties and will have significant consequences for free expression, innovation and digital economic development, significantly increasing the risk of doing business in Brazil.”
Google also weighed in, stating it had “already expressed concerns about changes that could impact freedom of expression and the digital economy,” and confirmed it was analysing the court's decision.
The ruling comes amid growing concerns in Brazil over harmful digital content, particularly its impact on young people.
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