Brazil: Supreme Federal Court issued ruling finding Article 19 of the Internet Civil Framework (Law No. 12,965/2014) partially unconstitutional and establishing interpretation for liability for third-party content

On 26 June 2025, the Brazilian Supreme Court (STF) ruled that Article 19 of the Internet Civil Rights Framework (Law 12.965/2014) is partially unconstitutional. The Article 19 previously required a specific judicial order for internet platforms to be held liable for third-party content in case of non-compliance, was found to insufficiently protect constitutional rights and democratic values. The Court introduced new interpretations and exceptions that will apply until the legislature enacts updated rules. Under the revised interpretation, internet application providers may now be held civilly liable for damages resulting from unlawful third-party content, especially in cases involving crimes or inauthentic accounts. Liability can arise even without prior notification in cases of paid advertisements, artificial distribution networks, or when providers fail to act against widely circulated serious content. These serious crimes include anti-democratic acts, terrorism, incitement to suicide or self-harm, discrimination based on identity characteristics, crimes against women, child sexual abuse, and human trafficking. Failure to promptly remove such content may constitute systemic failure, triggering liability. In cases of crimes against honour, the original Article 19 remains applicable, but providers may remove content upon extrajudicial notice. Where courts have already ruled certain content as offensive, identical replications must be removed upon notification, without requiring new judicial decisions. Article 19 continues to apply fully only to email services, private messaging apps, and closed meeting platforms, as these are protected by constitutional confidentiality guarantees. Marketplaces are subject to the Consumer Defense Code. Providers are now required to implement self-regulatory systems, transparent notification procedures, and publish regularly updated rules. They must offer widely accessible user support channels and maintain legal representation within Brazil, empowered to comply with court decisions and legal obligations.