backThe Federal Supreme Court (STF) has resumed the judgment on the constitutionality of Article 19 of Brazil’s Internet Bill of Rights (Marco Civil da Internet), which establishes that digital platforms can only be held civilly liable for unlawful content posted by users if they fail to comply with a court order to remove it. The analysis had been suspended in December 2024 following a request for review by Justice André Mendonça, who began delivering his opinion on Wednesday, June 4, 2025, and continued the following day.
So far, three justices have voted. Justices Dias Toffoli and Luiz Fux argued that Article 19 is unconstitutional, emphasizing that the removal of clearly unlawful content — such as hate speech, racism, and child exploitation — must occur upon mere extrajudicial notification, under penalty of platform liability. The President of the STF, Justice Luís Roberto Barroso, supported an intermediate approach: in his view, content involving crimes against honor should only be removed following a court order, with liability arising if the platform fails to comply.
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