The Brazilian Supreme Federal Court has given social media platforms 60 days to adopt measures that guarantee the removal of illegal content, in compliance with a ruling that made them co-responsible for the publication of illicit third-party messages.
The measure regulates the judgment approved by the court itself in June 2025, when a majority of eight out of 11 justices concluded that platforms such as Facebook, Instagram, and X can be held liable for damages caused by the publication of illicit content, even without a prior court order.
This new decision established on Thursday the adaptation period for the platforms, which must implement systems capable of identifying and removing publications with content considered illegal under Brazilian law.
Among the materials that must be subject to immediate action are anti-democratic messages, apology for or incitement to terrorism, racist content, child pornography, inducement or instigation to suicide, and other publications that violate fundamental rights or pose serious risks to society.
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According to the high court, the platforms must establish transparent procedures for receiving and analyzing complaints, as well as self-regulation mechanisms compatible with the requirements established by the court. The decision stems from the majority consensus that technology companies have a duty to act when notified about illicit content, without needing to wait for a judicial determination in every single case.
The adaptation period was fixed within the framework of a case in which the Supreme Court is analyzing nine appeals filed by the platforms, notably Facebook, against the regulation that holds them responsible for third-party posts.
Three of the justices voted on Thursday against expanding the platforms’ liability and defended maintaining the requirement of a court order for content removal, arguing that this formula offers greater guarantees for freedom of expression.
The President of the Supreme Court, Edson Fachin, proposed including a safeguard to protect platforms when there is doubt about whether content should be removed. This possibility, along with other requests from the platforms, will be analyzed by the Supreme Court in sessions scheduled for next week, when the specific guidelines that platforms must follow to comply with the law will be released.
