A case currently pending before the Supreme Federal Court (STF) may redefine the legal foundations of digital platform liability in Brazil, by revisiting the interpretation of Article 19 of the Brazilian Internet Bill of Rights (Law No. 12,965/2014).

As of June 12, 2025, the majority of the STF had ruled 7–1 in favor of the thesis that digital platforms may be required to remove manifestly illegal content without prior judicial authorization, deviating from the current general rule.

Justice Flávio Dino has proposed an intermediate solution, suggesting a graduated liability regime depending on the type of content involved. The trial is expected to resume on June 25, 2025.

This judgment may trigger immediate regulatory risks for digital platforms, including:

  • A shift in the liability regime, expanding scenarios in which content must be removed absent a court order;
  • A sharp increase in out-of-court notifications and civil litigation;
  • The need to restructure internal content moderation flows, risk governance, and stakeholder response mechanisms, demanding swift adaptation;
  • Greater pressure for a proactive and responsive compliance structure focused on fundamental rights and harm prevention.

MJAB Insights: The evolving scenario at the STF signals a new regulatory threshold for application providers, social media platforms, marketplaces, and search engines.

It is likely that digital sector companies will need to adopt immediate preventive measures, such as:

  • Reviewing moderation policies and legal-institutional compliance protocols;
  • Implementing agile channels to respond to extrajudicial notifications regarding unlawful content;
  • Providing comprehensive training for compliance and risk management teams;
  • Mapping litigation risks based on emerging STF jurisprudence concerning civil liability.

In addition, the ruling may strengthen digital platforms' strategic engagement with the National Congress in the context of future legislative debates on content regulation and intermediary liability.

Our firm remains available to conduct regulatory impact assessments, assist in aligning internal policies with the evolving legal landscape, and structure legal defenses in complex proceedings under the emerging Brazilian digital regulation framework.