What changed with the new Supreme Court decision regarding digital platforms? The Supreme Federal Court has defined new rules for holding digital platforms responsible for content published by third parties.
Hi, I'm Laura, I have a master's degree in Communication and Information and I'm an undergraduate student in Internet Systems. And today I want to discuss how this decision significantly changes the game for platforms in Brazil.
Previously, the Brazilian Internet Bill of Rights stipulated that platforms could only be held responsible if they failed to remove illegal content after a court order. In other words, they depended on a formal decision to act.
With the Supreme Court's decision, platforms can now be held responsible even without a court order, provided they receive an extrajudicial notification — a formal complaint, but outside of a judicial process — and fail to remove the content.
Furthermore, they must guarantee transparency regarding their moderation policies and publish periodic transparency reports. This includes providing information on how their algorithms and recommendation criteria work.
All of this creates a more structured system, in which platforms need to act quickly, clearly, and responsibly to avoid being held liable. However, there are important legal exceptions to be noted.
Crimes against honor — such as slander and defamation — still require a court decision for the content to be removed. Deadlines have also been set for platforms to respond to notifications, seeking to balance agile moderation with the protection of users' rights.
This decision changes the landscape: they will have to meet deadlines, respond quickly to authorities, and better explain their decisions. It is a move towards opening the "black box" of moderation in the country.
The algorithm IS NOT NEUTRAL. This new responsibility forces companies to open clear channels of communication with users and be accountable for the logic that governs their digital spaces.
Ultimately, the essential question that emerges is: will this improve online security or give more power to companies? I want to know what you think in the comments.