Brazil: Supreme Court overturns ruling requiring Google to pay damages following new interpretation for liability for third-party content established for Article 19 of the Internet Civil Framework (Law No. 12,965/2014)

On 26 June 2025, the Brazilian Supreme Court (STF) upheld an extraordinary appeal in Topic 533 of general repercussion, overturning a lower court decision that had ordered Google to pay moral damages. The Court established a binding interpretation recognising the partial and progressive unconstitutionality of Article 19 of the Internet Civil Framework (Law No. 12,965/2014). The Court found that the provision’s requirement for a specific court order before internet platforms could be held civilly liable for third-party content inadequately protects fundamental rights and democratic values, amounting to a partial legislative omission. Until new legislation is adopted, Article 19 must be interpreted to allow liability for platforms in cases involving crimes or unlawful acts under Article 21, including when inauthentic accounts are involved. For crimes against honour, the original rule remains, but content may be removed upon extrajudicial notice. Identical reposts of content already declared unlawful must also be removed upon notification, without a new court order. The Court introduced a presumption of liability in cases involving illicit content boosted through paid advertisements or artificial distribution networks (e.g., bots), even without prior notice, unless the provider can prove it acted diligently and promptly. Additionally, platforms are liable for failing to immediately remove content related to serious crimes such as anti-democratic acts, terrorism, suicide incitement, discrimination, gender-based violence, child sexual abuse, and human trafficking. In these cases, liability is linked to systemic failure on the part of the platform.