Brazil Supreme Court Holds Social Media Liable for User Content

Brazil's Supreme Court is poised to impose legal liability on social media companies such as Meta, X, and Microsoft for illegal content published by users, marking a significant shift from the current 'notice-and-takedown' model. A majority of six out of eleven justices have voted to hold platforms accountable for unlawful posts, potentially subjecting them to fines if they fail to proactively remove harmful content. The ruling responds to concerns over online harms including fraud, child pornography, and incitement of violence, with justices citing social media's role in recent school shootings as justification for greater oversight. Critics warn the decision risks suppressing free speech through over-censorship, while dissenting justice André Mendonça emphasized the importance of social media for holding powerful institutions accountable. The court has not yet defined which types of content would trigger liability, and final deliberations are ongoing, with the potential for Congress to override the ruling. Meanwhile, the case has drawn international attention including warnings from U.S. officials about visa restrictions for foreign officials involved in censorship, highlighting its broader geopolitical implications.