The (Supreme Federal Court) defined this Wednesday (17) that social media platforms will not be punished for not removing content identified as illegal if there is reasonable doubt about it. To do this, companies will need to promote “qualified due diligence analysis”.

In last Thursday’s session (11), the court set a 60-day deadline for big techs to adopt measures to remove illegal content, including posts with anti-democratic content, terrorism, incitement to racism and incitement to suicide.

At the beginning of this Wednesday’s session, Fachin only read the full text agreed between the magistrates after debates held in recent weeks.

No fim da sessão anterior, Fachin fez uma sugestão a ser analisada pelo relator. For the president of the court, it would be important to include protection for platforms when there is doubt about the content to be removed.

“I am putting here a kind of safeguard for reasonable doubt regarding illegality, as long as there has been qualified due diligence on the part of the referral provider,” he said, last week.

There were nine resources analyzed, presented both by companies participating in the process, and by platforms, entities and civil society organizations.

Em junho de 2025, a corte ampliou as obrigações das plataformas de redes sociais para atuação no Brasil. From then on, they became civilly responsible if they do not proactively remove, before a court order, a new list of content, including undemocratic, discriminatory or inciting crimes.

The debate took place around article 19, which has been in force since 2014 and which states that platforms should only compensate users offended by third-party posts if they fail to comply with a court order to remove content.