https://rsf.org/en/brazil-supreme-court-increases-social-media-platforms...
Brazil's Supreme Court has just made a big decision: digital platforms, such as social media companies, must take more responsibility for the content they host. This is a major step that could lead to stronger internet regulation in the country. But this ruling is just the beginning: it is now up to Congress to write laws ensuring digital spaces are safe and protect the public’s right to reliable information.
The Supreme Court's decision, made in late June with a vote of eight to three, states that platforms must act when they are aware of illegal content being disseminated via their services. Previously, these companies had almost no legal responsibility. Now, platforms are seen as key players in how information spreads online.
The judges also stated that Congress needs to fix Article 19 of the "Marco Civil da Internet", Brazil's main internet law. The Court believes the current law does not do enough to protect democracy and citizens’ rights, a decision that could influence other countries’ online regulations.
RSF supports a balanced approach: platforms should be seen as active participants in the information space but should not be made fully responsible for everything, which could lead to automated censorship. Brazil has the chance to create a smart, fair system that protects free speech and promotes quality journalism.
"RSF called on the Supreme Court to help create fair rules for platforms that match their enormous influence. The decision made on 26 June is an important first step to stop the worst abuses. But it's not enough. Congress must now write new laws that support reliable information and quality content moderation. The Court has done its part. Now, lawmakers must design a bold model for Brazil that protects human rights and fits the digital age. With the 2026 elections coming up, in which social media plays a big role, we can’t afford to wait."
The ruling also moves away from the outdated idea that platforms are either just content hosts (not responsible) or publishers (fully responsible). This concept does not match the reality of how platforms work today. By pointing out the problems in the “Marco Civil da Internet”, the Court is showing that it is time to rethink how we regulate platforms.
RSF issues the following recommendations for Brazil's digital future, which align with international standards:
- Platforms must highlight reliable news sources so people can access quality information.
- Platforms should be transparent about how their algorithms work, how they moderate content, and how they deal with government requests.
- Platforms should have fair rules for responsibility and allow users to appeal unfair content decisions.
- Influencers should be required to reveal their political ties and financial interests.
