In 2014, Brazil adopted the Marco Civil da Internet (Civil Framework for the Internet). Its Article 19 established that an internet application provider could not be held liable for third-party content unless it failed to comply with a judicial order to remove the content.

The question reached Brazil’s Supreme Court through two extraordinary appeals involving Google and Facebook, now Meta, over the obligations and possible liability of online platforms for user-generated content, including whether Article 19 was compatible with the country’s Constitution.

In March 2023, the court held a public hearing on the matter, where companies, public authorities and civil society groups presented their views. The joint trial began in November 2024.

In June 2025, the court ruled that Article 19 was partially unconstitutional and that online platforms could, in certain circumstances, be held liable for user-generated content even without first ignoring a court order.

In June 2026, the court confirmed and clarified its ruling, setting a 60-day deadline for platforms to implement duty-of-care measures required under the decision.