Brazil: Civil Rights Framework for the Internet (Law No. 12.965) including content moderation regulation entered into force

On 23 June 2014, the Brazilian Civil Rights Framework for the Internet (Law No. 12.965) entered into force after the expiry of sixty days following its official publication on 24 April 2014. The Law establishes the principles, guarantees, rights, and obligations for the use of the internet in Brazil. It established content moderation rules, specifying that internet application providers are not liable for civil damages from third-party content unless they fail to comply with a judicial order to remove unlawful material, which must clearly identify the infringing content. Providers must notify affected users of such removal orders, allowing them legal recourse, and may replace removed content with a notice explaining the takedown. The Law also imposes liability for breaches of privacy involving non-consensual intimate content if providers fail to act diligently upon notification. Judicial requests for content removal must demonstrate evidentiary relevance, and small claims courts may handle disputes over defamatory or rights-violating content, with provisional measures available under strict conditions.