Brazil Supreme Court establishes new liability regime for big‑tech platforms

The Brazilian Supreme Federal Court (STF) resumed hearings on Wednesday, 17 May, to consider appeals filed by major technology companies against the Court’s recent ruling that expands platform liability for user‑generated content. Ministers debated three key issues: the circumstances under which platforms can be penalised, whether the new rule applies to cases already pending, and which firms must provide dedicated user‑service channels. The court had previously ruled that platforms could no longer rely solely on court orders to remove illegal content.

In a related decision, the STF set a 60‑day deadline for all large digital platforms to adopt safety measures, including specific complaint‑handling channels and transparency reports. The obligations were initially limited to providers with more than one million Brazilian users, but some judges argued they should cover all providers. The ruling also confirmed solidary liability for damages arising from third‑party content that violates criminal statutes such as terrorism, suicide incitement, sexual offences, and child‑pornography.