Brazil Supreme Court expands digital platform liability ahead of 2026 election

Brazil’s Supreme Court (STF) issued a new interpretation of article 19 of the Marco Civil da Internet, widening the liability of digital platforms for illicit content. The unanimous decision removes the requirement for a prior judicial order; platforms must now delete content classified as illegal—such as incitement to violence, terrorism, child abuse or anti‑democratic acts—after an extrajudicial notification.

The ruling arrives as the country prepares for the 2026 general elections, prompting concerns that platforms may pre‑emptively remove political posts, potentially narrowing public debate. STF President Edson Fachin stressed that platform accountability is essential in the era of artificial intelligence and disinformation, but also warned that the balance with freedom of expression must be maintained. Legal analysts note that the change may lead to stricter moderation practices, raising questions about censorship and the impact on political speech.