Brazil’s Supreme Court clears way to hold social media companies liable for user content

Key Points

• Brazil’s Supreme Court issued an 8-3 vote requiring tech giants like Google, Meta and TikTok to actively monitor and remove user posts involving hate speech, racism and incitement to violence.
• Once the ruling is published, individuals will be able to sue social media companies for hosting illegal content if platforms refuse to remove it after receiving notification.
• Social media companies can avoid liability by demonstrating they took steps to remove illegal content in a timely fashion, reinforcing a law that previously obliged them to act only after court orders.
• The decision brings Brazil’s regulatory stance closer to the European Union’s approach to big tech and comes amid US concerns over free speech and potential visa restrictions.

SAO PAULO (AP) — Brazil’s Supreme Court agreed on Thursday on details of a decision to hold social media companies liable for what their users post, clearing the way for it go into effect within weeks.

The 8-3 vote in Brazil's top court orders tech giants like Google, Meta and TikTok to actively monitor content that involves hate speech, racism and incitation to violence and act to remove it.

The case has unsettled the relationship between the South American nation and the U.S. government. Critics have expressed concern that the move could threaten free speech if platforms preemptively remove content that could be problematic.

After Thursday's ruling is published by the court, people will be able to sue social media companies for hosting illegal content if they refuse to remove it after a victim brings it to their attention. The court didn't set out firm rules on what content is illegal, leaving it to be decided on a case-by-case basis.

The ruling strengthens a law that requires companies to remove content only after court orders, which were often ignored.

It’s the product of two cases accepted by the court last year in which social media companies were accused of failed to act against users promoting fraud, child pornography and violence.

A majority of the 11 justices voted to approve the change two weeks ago, but it took until today to reach consensus on how to implement it.

The justices also agreed that social media companies will not be liable if they can show they took steps to remove illegal content in a timely fashion.

Google said in a statement that is analyzing the court's decision.

“We remain open for dialogue,” the company said.

Brazil's top court came to the decision after U.S. Secretary of State Marco Rubio warned of possible visa restrictions against foreign officials involved in censoring American citizens.

Thursday's ruling brings Brazil’s approach to big tech closer to the European Union’s approach, which has sought to rein in the power of social media companies and other digital platforms.