Brazil: The Brazilian Federal Supreme Court imposes new obligations on platforms and weakens protections for online freedom of expression
On June 26, 2025, the Federal Supreme Court (STF) decided that social media and other digital platforms may be held liable under the civil law for contents posted by users even without prior court order. The new interpretation significantly alters the application of article 19 of Law No. 12.965, dated April 23, 2014 — the so-called Civil Rights Framework for the Internet.
Until then, the text of the law determined that platforms could only be held liable for damage caused by third parties after failure to comply with a specific court order requiring the removal of contents. This model was designed to protect freedom of expression and avoid censorship by private agents, preventing companies from acting as gatekeepers of what may or may not remain online.
The new thesis settled by the STF reverses the logic. The Court understood that in the event of manifestly illegal content, such as incitement to hatred, advocacy of violence, child pornography, anti-democratic acts, or terrorism, mere knowledge of the content already imposes the duty to remove it. If the platform remains inert, it may be held liable under the civil law, without the need for judicial action.
Liability may also be strict, i.e., regardless of fault, in cases involving paid promotion, mass dissemination by bots, or deliberate viral propagation strategies. According to the understanding of the Court, whenever there is financial benefit or amplified artificial reach, the platform’s duty of control is even stricter.
Even though the trial refers to civil liability and not to criminal liability, the scenario raises concerns. In practice, the decision places the burden on platforms to unilaterally determine what may or may not be published, opening the door to undue and harmful restrictions on public debate. In a context of growing polarization and increased monitoring of political and social speech, there is a risk that this new duty of care could lead to preventive and widespread removal of legitimate content, fostering institutionalized self-censorship. 2
The STF noted that the Brazilian Congress should regulate this matter by means of specific legislation. Until then, platforms must maintain accessible reporting channels, consistent moderation policies, transparency reports, and legal representation in Brazil.
The judgment does not apply to private messaging services, such as WhatsApp, nor to crimes of defamation, which still require formal notice or court order.
In addition to civil liability, albeit more limited, platforms or their executives may also face criminal investigations in extreme cases, such as when they willfully facilitate the commission of crimes or profit from their dissemination. Although Brazilian criminal law cautiously allows for the liability of companies, this possibility is not ruled out in investigations of serious conduct, especially in cases of intentional omission.
Finally, the Federal Supreme Court’s decision produces effects only as from publication of the thesis and does not affect cases that have already been dismissed. Nonetheless, it represents a significant inflection point in Brazil’s legal framework for the internet by easing one of the core protections enshrined in the Civil Rights Framework: that the Judiciary holds exclusive jurisdiction over decisions regarding the removal of content from the online environment.
At a time when civil liberties face increasing erosion, this change imposes on all, and especially on those operating in the digital environment, a new phase of vigilance and heightened awareness regarding their own rights and the responsibilities of platforms.
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For more information on the above or other matters, please contact Maristela SA Rossetti (mar@rraa.com.br) or Gilberto Rossetti (gmr@rraa.com.br).
This article is based on publicly available information and given for informational purposes only. It is not intended as legal advice foreign subsidiary as a comprehensive analysis of the matters referred to herein.
