On Wednesday, Brazil’s Supreme Court determined that social media companies bear some responsibility for user-generated content, although specific guidelines regarding this ruling remain to be finalized.
In a significant vote, six of the eleven justices decided that platforms could be held accountable for third-party content deemed illegal, a ruling that may lead to penalties for these companies if they fail to remove certain posts.
This decision could have extensive ramifications for major platforms such as Facebook, Instagram, TikTok, and X, the platform led by Elon Musk, as well as Google’s Alphabet, serving a nation with over 200 million users.
So far, only one justice has opposed the amendment to existing legislation, which currently limits liability for companies to scenarios where they ignore a court order to remove specified content.
Justice Gilmar Mendes, writing for the majority, criticized the existing Brazilian law as creating “a veil of irresponsibility for digital platforms.”
“Even when they are aware of crimes occurring on their platforms, they (under current law) cannot be held liable for damages stemming from the presence of such content unless directed by a court,” he elaborated.
In response, Meta articulated concerns in a statement from 2024, warning that a ruling imposing liability could render platforms accountable for nearly all content, irrespective of prior notification.
Prior to the vote, Google highlighted the need for improvements to Brazilian social media legislation, stressing the importance of maintaining procedural safeguards to avoid legal ambiguities and unnecessary content removals.
Requests for comments from TikTok and a representative for X in Brazil went unanswered.
The court has yet to reach a consensus on the specifics of the ruling, including which types of content would fall under the category of illegal. Chief Justice Luis Roberto Barroso stated he would work towards achieving agreement among the justices.
Four judges remain to cast their votes in this extended trial, where previously registered votes are subject to change, albeit infrequently. The proceedings are scheduled to continue on Thursday.
© Thomson Reuters 2025
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