Status of the Internet Civil Framework Trial at the brazilian Supreme Federal Court

On June 12, the Brazilian Supreme Federal Court (STF) continued the joint trial of two cases addressing the civil liability of internet platforms for third-party content. A key issue under debate is whether the removal of offensive content at the request of the offended party requires prior judicial authorization. One of the cases being examined is Extraordinary Appeal 1.037.396, with further deliberation set to continue with Minister Edson Fachin’s vote.

So far, six justices have argued that Article 19 of the Brazilian Internet Bill of Rights (Law 12.965/2014), enacted over a decade ago, no longer adequately protects users given the current landscape of social media and messaging apps. Justices Dias Toffoli and Luiz Fux, the case rapporteurs, deem it unconstitutional to require a court order to remove harmful content. Meanwhile, Justices Luís Roberto Barroso, Flávio Dino, Cristiano Zanin, and Gilmar Mendes consider the rule partially unconstitutional and believe judicial authorization should still be required in specific cases, such as crimes against honor.

In contrast, Justice André Mendonça supports the constitutionality of the current law, affirming that platforms should be allowed to uphold their own moderation policies and safeguard freedom of expression. The trial is ongoing, and its outcome could have major implications for how digital platforms handle and regulate online content.