Brazil's Supreme Court has made a landmark ruling that expands the liability of big tech companies for user-generated content. The court's decision requires social media platforms to proactively remove posts containing serious crimes, such as hate speech, racism, and incitement to violence, and could face civil penalties if they fail to do so.
The ruling marks a significant shift in Brazil's approach to regulating online content, bringing it closer to the European Union's Digital Services Act. The court's decision was made in response to two cases involving social media companies, including a fake Facebook profile and a community on the now-defunct Orkut platform.
The new rule establishes a "duty of care" for technology companies, which must be proactive in removing illegal content. Platforms that fail to remove serious crimes can be held liable, even without prior notice or a judicial ruling. The decision also requires companies operating in Brazil to establish and maintain a local headquarters and legal representative.
The ruling has sparked concerns about its potential impact on free speech and the digital economy. Google and Meta, two of the affected companies, have expressed apprehension about the decision's implications. In contrast, Brazil's Attorney General Jorge Messias hailed the ruling as "historic," aligning with measures adopted by other democratic countries to protect society from crimes and hate speech in the digital environment.
