Brazil's Top Court Votes to Hold Social Media Platforms Accountable for User Posts

Brazil's Supreme Court on Wednesday ruled that social media companies must be held accountable for some types of content published by users on their platforms in the country, but details on the decision have yet to be resolved.

Six of the 11 Supreme Court judges voted to hold platforms responsible for third-party content seen as illegal, in a decision that could result in fines against social media companies for not removing some users' posts in the country.

The decision could impact the business of platforms including Meta's Facebook and Instagram, as well as TikTok, Elon Musk's X and other internet giants, such as Alphabet's Google, in a market of more than 200 million people.

Only one justice so far voted to not change the current law on the matter, which says that the companies can only be found responsible for third-party content on their platforms if the firms do not comply with a legal decision ordering the content removal.

Writing for the majority, Justice Gilmar Mendes said current Brazilian law represents "a veil of irresponsibility for digital platforms."

"Even if they are informed of the occurrence of crimes on their platforms, they (currently) cannot be held responsible for damages caused by keeping this content online, except in the case of a court order," he said.

Asked to comment, Meta sent a 2024 statement where it had said that a decision holding platforms responsible could make them "liable for virtually all types of content even without having been notified."

In a statement sent before the vote which gave the court a majority, Google said the current Brazilian law regarding social media can and should be improved, "as long as procedure guarantees and criteria are set to prevent legal uncertainty and the indiscriminate content removal."

TikTok and a representative of X in Brazil did not immediately respond to requests for comment.

The court did not agree on the scope of the decision, such as what types of content would be considered illegal. The court's head, Luis Roberto Barroso, said he will work with the court members to find a consensus.

Four judges still need to vote in the trial, which has been rolling over for months. Votes previously cast can still be changed, although that is not common. The trial is set to resume on Thursday.

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