SAO PAULO — In a landmark decision, Brazil’s Supreme Court determined on Thursday that social media companies will be responsible for the content published by their users. This groundbreaking move, decided by an 8-3 vote, mandates technology giants such as Google, Meta, and TikTok to actively oversee and remove posts related to hate speech, racism, and incitement to violence.
The decision, which will be implemented in mere weeks, has stirred the relationship between Brazil and the United States, causing some anxiety over its potential impact on free speech. Critics argue that this ruling might compel platforms to overly censor content in an attempt to avoid legal repercussions.
Once the judgment is made public, individuals will have the option to initiate lawsuits against social media platforms for hosting unlawful content that remains online despite notification from aggrieved parties. However, the court did not prescribe explicit guidelines on identifying illegal content, leaving such determinations to be made on an individual basis.
The ruling enhances existing Brazilian law, which previously required content removal only after receiving a court mandate—a stipulation often disregarded by platforms. This latest decision arises from dual cases accepted last year, asserting that social media platforms failed to address users engaged in promoting fraud, child pornography, and violence.
While a consensus regarding the modifications was effectively reached two weeks prior, Thursday’s agreement finally solidified the path toward implementation. Importantly, the justices concurred that companies showing due diligence in timely addressing the removal of illegal posts would not be held liable.
In response, Google issued a statement indicating they are reviewing the ruling and expressed a willingness for continued dialogue. The Supreme Court’s resolution follows comments from U.S. Secretary of State Marco Rubio about potential visa restrictions for foreign officials involved in the censorship of American citizens.
This decision positions Brazil’s legal approach to regulating social media closer to that of the European Union, which has been actively pursuing regulations to control the influence of big tech companies and digital platforms.