Brazil Supreme Court Deliberates Big Tech Liability Under Internet Law

The Brazilian Supreme Federal Court (STF) resumed deliberations on the liability of large digital platforms under the country's Marco Civil da Internet. On June 10‑11, 2026, the Court examined resources filed by Facebook and Google challenging the June 2025 ruling that expanded platform duties, including the obligation to act proactively against illegal content and to provide a local legal representative. Ministers were split over the scope and timing of the new rules. Minister Dias Toffoli’s proposal would apply the obligations retroactively to cases pending as of June 26 2025, while a bloc led by Flávio Dino, André Mendonça, Nunes Marques and Luiz Fux argued for a non‑retroactive approach and warned that broad duties could stifle Brazilian startups. The debate also covered whether all providers, even non‑commercial ones such as Wikipedia, must maintain a Brazilian headquarters. A further proposal by President of the Court Edson Fachin would grant platforms a safe‑harbor if they demonstrate diligent analysis of contested content. The STF is expected to issue a decision on the remaining points in mid‑June.