Unlock Editor’s Digest Lock for Free
The Brazilian Supreme Court ruled that social media platforms can be held liable for user posts in decisions to tighten regulations on domestic technology giants.
Companies such as Facebook, Tiktok, and X must act immediately to remove material such as hate speech, incitement to violence, and “anti-democratic acts,” even without a previous judicial takedown order, as a result of decisions in Latin America’s biggest countries.
The move follows growing concerns about the impact on harmful digital content in Brazil, particularly young people, and feeds global debate on the boundaries of online freedom of speech. The decision was attacked by critics who warned that it could lead to preemptive censorship by technology groups.
There is also the risk of fostering tensions with President Donald Trump’s US administration, which threatens visa restrictions for foreigners who have been found to censor American businesses and citizens.
Secretary of State Marco Rubio said last month that Washington is considering sanctions against Brazil’s Supreme Court judges under the Magnitsky Act that target foreign officials for corruption and human rights abuses.
Justice Alexandre de Moraise temporarily banned Elon Musk’s social media platform X last year after billionaires refused to comply with court orders to suspend certain accounts.
The Brazilian topcoat on Thursday paved the way that individuals could sue digital platforms for bringing illegal content to corporate attention, but has not been removed.
Under previous rules, apps and sites were considered private liability only for damages caused by third-party posts if they failed to comply with a judicial order to remove any offending content.
The court found that eight of the 11 judges were in favor, which was “no longer enough to protect fundamental rights and democracy.”
Conservatives of the South American state said the ruling would be effective once it is officially made public, and it would have a calm impact on freedom of speech.
“The Congress will have to respond,” right-wing MP Coronel Chrysostomo told local broadcaster Jovem Pan. “Censorship cannot be permitted.”
There was also a chilly reception from some high-tech groups.
“We’ve got a lot of money,” said Meta, owner of Facebook, Instagram and WhatsApp.
“(It) brings about legal uncertainty, significant consequences for free expression, innovation and digital economic development, and significantly increase the risk of doing business in Brazil.”
Google said it had already expressed “concerns about changes that could affect freedom of expression and the digital economy,” adding it was analyzing the decision.
After the riots took place in Brasilia on January 8, 2023, calls were made for more stringent internet restrictions in Brazil.
Recommended
Bolsonaro faces separate charges in the Supreme Court in connection with alleged conspiracy to prevent current leftist president Luis Inacio Lula da Silva from taking office.
David Nemmer, a professor of media studies at the University of Virginia, described the ruling as a “groundbreaking decision.”
“We’re going to implement a more responsive system, especially in cases that involve hate speech, racism and incitement to violence. This is not protected by Brazil’s Free Speech Act,” Nemer says.
“In the same way, the court has preserved important safeguards for freedom of expression by maintaining judicial oversight in cases such as defying judicial oversight, including crimes related to honor.”
Report on additives from Jorge Carrasco in Sao Paulo
