Brazil's Supreme Court Debates Digital Platform Liability for User-Generated Content

Brazil's Supreme Court resumed deliberations on June 4, 2025, in a landmark case defining digital platform responsibility for user-generated content. The case centers on Article 19 of the Marco Civil da Internet, a law from 2014. "The article says platforms are only liable if they refuse a court order to remove harmful content," explains Sara Cursino, a journalist reporting from the court. This leaves open the question of when platforms should act. Justices Dias Toffoli and Luiz Fux have voted, stating platforms must remove offensive content when notified by the victim, even without a court order. However, the debate continues, with another request to suspend the proceedings expected. The case will ultimately decide when social media companies are responsible for criminal content shared on their platforms. This decision will set a significant precedent for online content moderation in Brazil and potentially beyond.