The Federal Supreme Court has established the final thesis that will guide lawsuits on the civil liability of digital platforms for third-party illegal content.
The judgment of the appeals was concluded last week, with the drafting of the official text now finalized. The decision changes the interpretation of Article 19 of the Internet Civil Framework, determining that Big Tech is jointly liable for damages in cases of systemic failures.
The platforms have 60 days to adopt measures, including maintaining a legal representative in Brazil. They must remove flagrantly illegal content after extrajudicial notification and prohibit access to material involving child exploitation, violence and incitement to hatred.
The Court noted that the previous provision did not protect fundamental rights. The obligations cover antidemocratic acts, terrorism and discrimination based on race or gender identity.