backIn December 2024, the Federal Court (STF) resumed the judgment on the constitutionality of Article 19 of the Brazilian Internet Act (MCI), which discusses digital platforms’ liability for user-generated content.
The judgment involves two lawsuits: the first discusses the constitutionality of Article 19, which requires non-compliance with a court order to hold providers accountable, and the second addresses platforms’ responsibility for the removal of illegal content, including without judicial notification, such as in cases of fake profiles or harmful content.
Justices Toffoli and Fux voted to make platforms more broadly liable, including excluding harmful content after extrajudicial notification. Toffoli proposed a list of content that, if not removed, would result in social networks’ strict liability. At the same time, Fux suggested that platforms act more rigorously, excluding harmful content as soon as they become aware.
Justice Luís Roberto Barroso, in his vote, partially diverged from the rapporteurs, Ministers Dias Toffoli and Luiz Fux, proposing that platforms be held liable only when they do not comply with court orders to remove content. In addition, Barroso suggested a liability model based on the “duty of care”, where platforms should act proactively to mitigate risks and prevent harm, including the obligation to publish annual transparency reports, especially for those with more than 10 million users.
Justice Mendonça requested to review the case, and the judgment was suspended on December 18, 2024. The Justice has until the end of April to review the case and issue his vote, returning the cases to the other justices’ analysis.
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