Brazil’s Supreme Court Forms Majority to Hold Platforms Liable Without Court Orders

On June 12, 2025, Brazil’s Supreme Federal Court (STF) formed a majority to reinterpret Article 19 of the Marco Civil da Internet, the country’s foundational law on internet rights and intermediary liability. With seven votes in favor of limiting the current judicial safe harbor for platforms, the Court is poised to significantly reshape the obligations of internet companies operating in Brazil.

Article 19, as it stands, provides that platforms can only be held liable for user-generated content if they fail to remove it after receiving a specific court order. This model, adopted in 2014, was widely praised for protecting freedom of expression and avoiding over-removal of content.

However, in the judgment currently before the Court—triggered by cases with general repercussion status (such as RE 1037396)—a clear majority of justices have now ruled that this judicial requirement cannot apply in all situations, especially in cases involving serious violations of fundamental rights.

Among the types of content highlighted by the majority are:

– terrorism and threats to democratic institutions

– incitement to violence or suicide

– content involving child abuse or exploitation

– non-consensual intimate material

– deliberate and harmful misinformation

For these categories, platforms will now have a duty to act promptly, even in the absence of a court order. The STF justices emphasized that the failure of platform self-regulation in recent years, combined with the growing societal risks posed by certain online behaviors, justifies a more proactive legal framework.

Rather than declaring Article 19 unconstitutional, the Court has opted for a reinterpretation: the rule remains valid in general but will no longer shield platforms from liability in exceptional and clearly defined scenarios.

The session is now paused and expected to resume on June 25, when the remaining justices will cast their votes and the final legal thesis will be consolidated. Nevertheless, the existing majority (currently 7–1) already guarantees that the prevailing legal interpretation will impose new compliance obligations on tech companies.

What Does This Mean for Digital Platforms?

Once the judgment is finalized, platforms operating in Brazil will need to:

+ implement proactive content moderation mechanisms for high-risk categories.

+ strengthen response protocols to extrajudicial notifications of harmful content.

+ review internal policies and legal frameworks in light of the new STF interpretation.

+ anticipate increased exposure to liability, particularly where negligence in content removal can be demonstrated.

This decision marks a critical shift in Brazil’s internet regulation model, moving away from a strictly court-driven liability system and embracing a risk-based approach in which platforms must act autonomously to protect rights—while still under judicial review where appropriate.

Impact on Intellectual Property Enforcement

Although the STF’s majority focused primarily on content affecting fundamental rights, the decision may open the door for similar treatment of intellectual property violations, depending on how the final ruling is framed.

Activities such as the offering of counterfeit goods through online marketplaces or the unauthorized streaming of copyrighted content—long considered problematic under the current court-order requirement—could fall under the category of “manifestly illegal” conduct, where platforms may be expected to act without judicial intervention once notified.

Should the final thesis provide a broader interpretation of what constitutes “clearly illicit content,” platforms could face greater responsibility to detect and remove IP-infringing content, especially when recurring notifications or systemic violations are involved.

This would represent a significant shift for rights holders, who have long advocated for more effective and faster enforcement mechanisms in the digital environment, and could also create a stronger incentive for platforms to adopt voluntary notice-and-takedown procedures for IP violations, even in the absence of legislation mandating it.

We will continue monitoring the final outcome and are available to assist in interpreting the implications of this ruling for your operations, compliance strategies, or clients in Brazil.