Brazil's Supreme Court: Social media platforms not liable if 'reasonable doubt' exists over illegal content

Brazil's Supreme Court (STF) has established that social media platforms will not face penalties for not removing content deemed illegal, provided they can demonstrate "reasonable doubt" regarding its illicit nature. To qualify for this protection, companies must undertake a "qualified due diligence analysis."

This decision represents a softening of the stance taken in a previous ruling on Brazil's Civil Framework for the Internet. The safeguard was proposed by the court's president, Edson Fachin, and incorporated into the judgment's thesis. Previously, the court had set a 60-day deadline for major tech companies to remove illegal content, including posts inciting anti-democratic acts, terrorism, racism, or suicide.

Fachin had suggested this "reasonable doubt" clause to protect platforms when the illegality of content is not clear-cut, emphasizing the need for diligent action by the provider. The ministers discussed the final details of the thesis over lunch before the plenary session, which analyzed nine appeals from companies like Facebook and Google, as well as civil society organizations.

In June 2025, the court had already expanded the obligations of social media platforms in Brazil, making them civilly liable if they did not proactively remove certain illegal content, such as anti-democratic posts or incitement to crime, before a judicial order. The current debate centers on Article 19 of the Civil Framework for the Internet, which states platforms are only liable for user-posted content if they fail to comply with a judicial order for removal.