Court determines that, in some cases, content removal does not require a court order.
By Michelle Lima.
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Legale Overseas, no. 940.
On June 26, the Brazilian Supreme Federal Court (STF) concluded its ruling that establishes new standards for the civil liability of digital platforms regarding third-party content. By majority vote, the Court deemed Article 19 of the Marco Civil of the Internet (Law No. 12.965/2014) partially unconstitutional, as it previously required a court order for platforms to be held liable.
The ruling sets new guidelines for the removal of online content, directly affecting the operations of social media networks, websites, and internet application providers. For most justices, the mere requirement of a prior court order is no longer sufficient to ensure the protection of fundamental rights in the digital environment.
With this decision, new standards for platform liability are now in effect, pending legislative updates by the National Congress:
- General crimes: Platforms may be held civilly liable if they fail to remove allegedly unlawful content after receiving an extrajudicial notification;
- Crimes against honor (defamation, slander, insult): Liability still depends on a specific court order, except in cases of identical reposts of content already declared offensive by a previous court decision;
- Severe criminal offenses (such as racism, terrorism, promotion of suicide, child pornography): A duty of care applies. Platforms can be held liable if they do not take effective preventive or corrective measures, even without judicial prompting—this may indicate systemic failure.
Additionally, the Court recognized the presumed liability of platforms in cases involving paid content promotion and automated mass messaging, given their direct or indirect control over such content.
The decision also imposes structural obligations on companies, such as the creation of accessible reporting channels, periodic transparency reports, and clear rules for content moderation.
Justices André Mendonça, Nunes Marques, and Edson Fachin dissented, advocating for the previous model based solely on court orders as a prerequisite for liability.
Stay ahead of compliance
This ruling redefines the liability regime for digital platforms in Brazil, with significant implications for content moderation, user protection, and corporate responsibilities under the STF’s new framework.
The team at Vaz de Almeida Advogados assists companies in adapting to the updated requirements of the Marco Civil of the Internet, ensuring legal certainty and alignment with the Supreme Court’s standards.
Click here to access the previous text with the grounds for the ruling.
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