Brazil’s top court rules that social media platforms can be held liable for harmful user content, aligning national policy with European digital regulations.
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| Brazil’s Supreme Court votes to make tech giants accountable for hate speech, racism, and violence on their platforms, in a move echoing EU regulations. Image: CH |
SÃO PAULO, Brazil — June 28, 2025:
In a landmark ruling that could reshape online accountability in Latin America, Brazil’s Supreme Federal Court voted 8–3 on Thursday to hold social media companies legally liable for harmful user-generated content, including hate speech, racism, and incitement to violence. The decision paves the way for the enforcement of stricter content moderation rules within weeks and signals a significant shift in the nation’s digital governance.
The ruling mandates that major platforms such as Google, Meta, and TikTok must act swiftly to remove flagged illegal content once notified by victims. If they fail to do so in a timely manner, they could face civil liability in Brazilian courts. Previously, content removal in Brazil required a judicial order—often leading to long delays or non-compliance.
Although the court refrained from setting a rigid definition of illegal content, it established that violations will be assessed on a case-by-case basis, guided by evolving legal standards. The move strengthens Brazil’s digital policy framework and draws parallels with the European Union’s Digital Services Act, which similarly enforces platform responsibility.
The decision stems from two high-profile cases brought in 2023, in which social media firms were accused of failing to curb the spread of fraud, child exploitation, and violent content. A majority of justices had signaled support for the change earlier this month, but the court needed additional time to finalize implementation guidelines.
Notably, the ruling includes a safeguard for companies, stating that platforms will not be held liable if they can prove they acted promptly and took appropriate steps to remove content once informed. This clause attempts to balance platform accountability with operational feasibility.
Google responded by saying it is reviewing the court’s decision and is open to further dialogue with Brazilian authorities.
The ruling has stirred debate within Brazil and abroad. Free speech advocates warn the decision may prompt platforms to over-censor, fearing lawsuits, while others argue it is a necessary measure to combat rising digital toxicity. The case also caused friction with the United States, particularly after Secretary of State Marco Rubio warned of potential visa restrictions on Brazilian officials seen as participating in censorship of American users.
Despite the backlash, the court’s decision marks a decisive step toward regulating digital platforms more effectively and aligns Brazil with global trends in digital accountability. With one of the largest online populations in the Global South, Brazil’s legal precedent may influence future regulatory models across Latin America and beyond.
As digital content governance becomes a central issue worldwide, Brazil’s Supreme Court has now positioned the country among a growing group of nations challenging the unchecked power of big tech—and demanding they take responsibility for the social impact of their platforms.