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Brazil's Supreme Court amends the Brazilian Internet Bill of Rights and expands the liability of digital platforms.

December 3, 2025

The Brazilian Supreme Court (STF) published a ruling that amends Article 19 of the Brazilian Internet Bill of Rights, expanding the liability of digital platforms for third-party content. Until now, social networks and applications could only be held civilly liable if they disobeyed a court order mandating the removal of posts. With the new decision, platforms can now be held liable even without a court order in situations considered serious, such as hate speech, racism, incitement to violence, terrorism, child pornography, and attacks on democracy.

The Brazilian Supreme Court (STF) understood that the previous model, while protecting freedom of expression, did not adequately ensure the protection of fundamental rights, such as human dignity and the safety of vulnerable groups. By majority vote, the Court concluded that Article 19 of the Civil Rights Framework for the Internet is partially incompatible with the Federal Constitution, imposing on platforms a greater duty of care and prevention in the face of the dissemination of illicit content.

This change directly impacts the digital environment, requiring companies to... greater attention to content moderation, usage policies and quick responses to extrajudicial notifications. For users, the decision It facilitates holding platforms accountable. in cases of moral damages, cyberattacks, or offensive publications.

Given this new scenario, it is essential that Companies and professionals operating in the digital environment can count on specialized legal guidance. to review internal policies, avoid liability risks, and act strategically in potential legal disputes. The new understanding reinforces the need for a balance between freedom of expression and the protection of fundamental rights on the internet.

If you have any questions about the topics covered in this publication, please contact any of the lawyers listed below or your usual Mazzucco&Mello contact.

Leonardo Neri Candido de Azevedo

+55 11 3090-9195

Rafael Mello

+55 11 3090-9195

Vitor Antony Ferrari

+55 11 3090-9195

Ivan Kubala

+55 11 3090-9195

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