Brazil's Supreme Court moved closer to holding social media companies liable for illegal user content on Wednesday, with six of 11 justices voting to allow platforms like Meta, X and Microsoft to face lawsuits and fines for posts by their users. The court needs only a simple majority to pass the measure, which would mark a departure from the country's current internet regulation framework.
The ruling represents a shift in how Latin America's largest democracy approaches big tech regulation, bringing Brazil's policies closer to European Union standards while potentially escalating tensions with the United States over digital governance and free speech.
Justice Gilmar Mendes cast the decisive sixth vote Wednesday, joining colleagues who have supported expanding social media companies' responsibilities beyond the current system12. Under existing law, platforms are only liable for harmful content if they refuse to comply with court orders to remove it13.
The proposed change would become law once voting concludes and results are published, though Brazil's Congress could still pass legislation to reverse the measure12. Only Justice André Mendonça has dissented, arguing that free speech on social media is essential for holding "powerful public institutions to account, including governments, political elites and digital platforms"23.
The vote follows warnings from U.S. Secretary of State Marco Rubio about possible visa restrictions against foreign officials allegedly involved in censoring American citizens12. Justice Alexandre de Moraes, who has clashed repeatedly with X owner Elon Musk over content moderation, is reportedly among those officials23.
Brazil previously suspended X for 40 days in 2024 after the platform refused to comply with court orders to remove accounts spreading misinformation4. The company was also fined $1.4 million earlier this year for failing to provide user registration details in a disinformation case5.
Justice Flávio Dino, who voted first Wednesday, cited recent school shootings in Brazil that were "stimulated on social media," reading posts from users celebrating violence against children12. Legal experts argue platforms must be proactive rather than wait for judicial orders to remove harmful content12.
Critics warn the changes could threaten free expression as platforms might preemptively remove potentially problematic content12. The Brazilian Chamber of Digital Economy said automatic liability "favors large companies with robust legal structures, to the detriment of smaller, national players"12.
The debate intensified after supporters of former president Jair Bolsonaro used social media to spread election misinformation before ransacking government buildings in January 202312.