Big Techs say STF created legal uncertainty in Brazil

by Andrea
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Entity that brings together Google and Meta states that expanding the responsibility of networks by content published by users extends legal risks and makes it difficult to operation of platforms in Brazil

Big techs They criticized that of the Supreme Court (STF) of Thursday (26.Jun.2025), which by the content published by users.

According to a statement from (Brazilian Chamber of Digital Economics) – award that brings together companies such as Google, Meta, Amazon and Free Market – the measure will result in mass judicialization and especially affects small entrepreneurs.

The Supreme Court decided to expand the civil liability of social networks for the content published by users and not withdrawn from the air.

In a decision of 8 votes to 3, the ministers partially declared article 19 of the Internet Civil Mark (), which required court order to remove content.

The stretch will be valid only for crimes against honor. In other cases, Article 21 will be valid, which allows for removal with extrajudicial notification or by direct action of the platforms.

According to the entity, the new interpretation makes the moderation of content more and favors the preventive removal of publications.

The Camara-e.net states that the changes “They make the Brazilian digital environment one of the most legally unstable and regulatory complex in the democratic world.”

Read below the full note of the Brazilian Chamber of Digital Economy:

“The Brazilian Chamber of Digital Economy () warns of the systemic effects of the recent STF decision on article 19 of the Internet Civil Marco. The change changes central rules on the operation of the internet and digital platforms in Brazil, expanding legal insecurity and disorganizing entire digital ecosystem chains, especially among small entrepreneurs. It makes the model more complex, makes public debate difficult and impacts the digital sector.

“The new interpretative milestone creates multiple hypotheses of responsibility, vague duties and asymmetrical obligations that radically alter the regime built from the Internet Civil Mark. The absence of objective criteria and the lack of a period of normative transition make the Brazilian digital environment one of the most legally unstable and regulatory complex of the democratic world.

“The exceptions set out do not cover all the diversity of digital services and generate uncertainties about their practical application. Even in the cases explicitly mentioned, doubts remain about the reach of safeguards and which additional obligations apply. Lack of clarity can discourage innovation and make it difficult to comply with the decision.

“The multiplicity of regimes, obligations and risks makes long -term planning, it makes content moderation, favors preventive removal of legitimate publications, services and products and exposes digital providers and services to mass judicialization. The impact can be particularly severe about small and medium -sized national companies that do not have the necessary structure and legal costs of this new scenario.

“Public policies with this degree of impact on rights, innovation and competitiveness should be debated with broad participation of civil society, specialists and productive sector. Structural changes in the digital environment require predictability and collective construction.

“We will continue to collaborate in an institutional and technical way to mitigate the effects of this decision, seeking legal certainty, protection of fundamental rights and the strengthening of an open, inclusive and innovative digital environment in Brazil.”

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