STF ESTABLISHES GUIDELINES FOR DIGITAL PLATFORMS LIABILITY

On June 26, 2025, the Federal Supreme Court (STF) concluded the trial of Extraordinary Appeal No. 1.057.258, with recognized general repercussion (Topic 987), establishing a new precedent on the civil liability of digital platforms for third-party content. The decision marks a milestone in the interpretation of Article 19 of the Brazilian Civil Rights Framework for the Internet (Law No. 12,965/2014), which was deemed partially unconstitutional by the Court.

The STF ruled that the requirement of a prior court order for content removal and platform liability should not be applied absolutely, particularly in cases involving content with a high potential for harm, such as incitement to violence, advocacy of terrorism, child pornography, hate speech, and other serious violations. In such cases, civil liability may arise from extrajudicial notification. Additionally, boosted or sponsored content may also lead to liability, unless the platform demonstrates that it took immediate action. Systemic failures in moderation mechanisms were also recognized as grounds for liability.

The Court maintained the requirement of a court order for cases involving crimes against honor (slander, libel, and defamation) but emphasized the platforms’ duty to act proactively. This includes adopting effective moderation measures, maintaining legal representation in Brazil, providing accessible reporting channels, and preventing the recurrence of content that has already been judicially removed.

Read the full thesis at: MCI_tesesconsensuadas.pdf Imagem: Reprodução/TV Justiça, Sessão Plenária do STF, 26/06/2025