Intermediary Liability in Brazil: The Intricate Path Ahead
Date: August 20, 2026 | Last Updated: June 2025 (Source)
Facts on Record:
The landscape of online media in Brazil has undergone a seismic shift this year. As the Brazilian Supreme Court issues a new judicial decision regarding intermediary liability, platforms face a complex legal landscape where third-party content is now subject to strict removal obligations or liable for systemic failures.
Facts on Record:
Under the new regime, social media platforms and other internet applications that curate or interfere with posts can be held liable for third-party content if they don't remove it after being notified by the user seeking take down unless there's a reasonable doubt about the illegality of the content. For certain specific cases, like crimes against honor (e.g., defamation), platform liability still depends on failing to comply with a judicial order.
For some serious crimes, like human trafficking and crimes against women, applications have a duty of care to remove related content immediately and can be held liable when systemically failing to do so. The precise limits of what constitutes a systemic failure are still unclear. There are also stricter rules applied to paid ads, boosted content, and bots under the new regime.
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