Brazil’s Supreme Court is imposing stricter regulations on social media platforms, holding them accountable for illegal content.

On June 11, Justice Gilmar Mendes became the sixth of 11 judges to approve the measure.

Platforms like Facebook, Instagram, TikTok, and X must now remove harmful content, including fake news, even before receiving court orders.

The court is still discussing specific scenarios where removal would only follow a legal order, with final decisions expected in the coming weeks.

The ruling follows former President Jair Bolsonaro’s trial on charges of spreading disinformation and undermining democracy after losing the 2022 election.

Brazil previously banned X for over a month for non-compliance.

🔗 Source: Bloomberg

🧠 Food for thought

1️⃣ Brazil’s shift from protecting platforms to proactive accountability

Brazil’s new ruling represents a dramatic reversal from its previous approach to platform regulation established a decade ago.

The Marco Civil da Internet (2014), once celebrated as a model for internet governance, specifically protected platforms from liability for user content except when they failed to comply with court orders 1.

This framework was designed to balance free expression with accountability, giving platforms legal certainty while requiring judicial review before content removal 2.

The new ruling, making platforms proactively responsible for content moderation before receiving court orders, signals Brazil’s evolution from its earlier position that emphasized judicial intervention as a prerequisite for platform liability.

This shift follows years of political tension where social media has been weaponized during elections and played a role in the January 8, 2023 riots, prompting authorities to reevaluate the balance between free expression and public safety 3.

2️⃣ Brazil joins global trend toward stricter platform accountability

Brazil’s ruling aligns with an emerging global consensus that social media companies should bear greater responsibility for content on their platforms.