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Brazil's top court votes to hold social media platforms accountable for user posts
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Brazil's top court votes to hold social media platforms accountable for user posts
Jun 11, 2025 7:35 PM

BRASILIA, June 11 (Reuters) - Brazil's Supreme Court on

Wednesday ruled that social media companies must be held

accountable for some types of content published by users on

their platforms in the country, but details on the decision have

yet to be resolved.

Six of the 11 Supreme Court judges voted to hold platforms

responsible for third-party content seen as illegal, in a

decision that could result in fines against social media

companies for not removing some users' posts in the country.

The decision could impact the business of platforms

including Meta's Facebook and Instagram, as well as

TikTok, Elon Musk's X and other internet giants, such as

Alphabet's Google, in a market of more than 200

million people.

Only one justice so far voted to not change the current law

on the matter, which says that the companies can only be found

responsible for third-party content on their platforms if the

firms do not comply with a legal decision ordering the content

removal.

Writing for the majority, Justice Gilmar Mendes said current

Brazilian law represents "a veil of irresponsibility for digital

platforms."

"Even if they are informed of the occurrence of crimes on

their platforms, they (currently) cannot be held responsible for

damages caused by keeping this content online, except in the

case of a court order," he said.

Asked to comment, Meta sent a 2024 statement where it had

said that a decision holding platforms responsible could make

them "liable for virtually all types of content even without

having been notified."

In a statement sent before the vote which gave the court a

majority, Google said the current Brazilian law regarding social

media can and should be improved, "as long as procedure

guarantees and criteria are set to prevent legal uncertainty and

the indiscriminate content removal."

TikTok and a representative of X in Brazil did not

immediately respond to requests for comment.

The court did not agree on the scope of the decision, such

as what types of content would be considered illegal. The

court's head, Luis Roberto Barroso, said he will work with the

court members to find a consensus.

Four judges still need to vote in the trial, which has been

rolling over for months. Votes previously cast can still be

changed, although that is not common. The trial is set to resume

on Thursday.

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