The Federal Supreme Court (STF) formed a majority this Thursday (12) to grant digital platforms a period of 60 days to adapt to the new rules on liability for content published by users. The measure is being analyzed in the judgment of the appeals presented after the decision that expanded the obligations of technology companies.
So far, ministers Flávio Dino, Cristiano Zanin, André Mendonça, Kassio Nunes Marques and Alexandre de Moraes have followed the rapporteur’s proposal, Minister Dias Toffoli. The analysis takes place in the Court’s virtual plenary session and has not yet been completed.
The adaptation period is one of the main requests presented by companies in the sector and civil society entities in the appeals filed after the judgment carried out by the STF in 2025.
What is under discussion
The appeals seek to clarify points of the decision that changed the interpretation of article 19 of the Marco Civil da Internet, a provision that regulated the responsibility of platforms for content published by third parties.
Until then, companies such as social networks and digital services could only be held legally responsible if they failed to comply with a specific order to remove content.
In June 2025, however, the Supreme Court decided, by 8 votes to 3, that this protection was insufficient to guarantee fundamental rights and combat abuses in the digital environment, declaring the device partially unconstitutional.
In practice, the Court reduced the dependence on a prior court order to hold companies responsible for certain content published by users.
