In late June 2025, the Brazilian Supreme Court ruled that sections of Article 19 of the country’s Internet Framework are unconstitutional. As previously discussed in Nardello & Co's insight “Brazilian Supreme Court and a Civil Rights Framework for the Internet,” Article 19 established that social media platforms can be held liable for content posted by third parties only if they fail to obey court orders to remove such content. The recent 8-3 decision by the Supreme Court determined that this provision is no longer sufficient to protect fundamental rights on the Internet. Social media platforms can now be held liable for third-party content even without a court order in specific cases, as detailed below:
- Crimes against one’s Honor, such as libel and slander: The interpretation of the Article remains largely unchanged. Providers will only be held liable if they fail to remove content following a court order. However, platforms are encouraged to take down harmful content solely based on non-official notifications.
- General Crimes: Platforms may be held liable if they ignore a notice to remove criminal content. This classification includes crimes not otherwise classified as crimes against one’s honor or serious crimes.
- Serious Crimes: Platforms will be subject to civil liability if they fail to act promptly to remove content that constitutes the commission of heinous crimes, including, inter alia, content related to attempted coups d'état, the abolition of democratic rule of law, terrorism, incitement to self-mutilation or suicide, racism, homophobia, and crimes against women and children. In this case, liability will occur when a systemic flaw is identified within the social media company.
- Self-Regulation: Providers are now required to adopt self-regulatory measures that include a notification system, due process, and annual transparency reports regarding received notifications, advertisements, and content boosted by the platform. Platforms must also provide permanent, specific, and easily accessible customer service channels, preferably electronic, accessible, and widely publicized.
The Supreme Court's ruling will govern the interpretation of Article 19 until Congress enacts a bill regulating social media. The Court’s decision remains subject to appeal.
Providers are now required to adopt self-regulatory measures that include a notification system, due process, and annual transparency reports regarding received notifications, advertisements, and content boosted by the platform.
