Brazil Rules Social Platforms Liable for User Posts

Brazil's Supreme Court ruled on Wednesday that social media companies can be held accountable for some types of content published by users on their platforms.

The decision could clear the way for the companies to face potential fines for not removing some users' posts in Brazil.

A slim majority of six out of 11 Supreme Court judges backed the ruling, but they did not agree on what types of content would be considered illegal.

The regulation of social media platforms has become a pressing issue in Brazil in the aftermath of the January 8, 2023, riot, when supporters of former conservative President Jair Bolsonaro stormed government buildings in the capital Brasilia.

The riot came after Bolsonaro lost the 2022 Brazilian presidential election to leftist candidate Luiz Inacio Lula da Silva.

When will the court ruling become law?

The social media proposal would become law once voting is finished. There are still four judges to vote.

Votes previously cast can still be changed, but that is not common.

Only one justice so far has voted not to change the current legislation on the matter. Andre Mendonca's vote was made public last week.

He highlighted that free speech on social media is key for the publication of information that "holds powerful public institutions to account, including governments, political elites and digital platforms."

The current law states that social media companies can only be held responsible for third-party content on their platforms if they do not remove the content after a court order.