Google and Facebook File Appeals Seeking Clarity on Brazil’s New Platform Liability Ruling

Overview

• Google and Facebook submitted embargos de declaração after the STF published its acórdão, using the procedural tool to flag omissions and request guidance on implementation.
• The June ruling narrowed Article 19 of the Marco Civil as partially unconstitutional and shifted most illicit-content cases to Article 21’s notice-and-takedown model, keeping Article 19 for crimes against honor.
• Google asks the Court to define minimum standards for extrajudicial notices, including the complainant’s identity, a specific description of the conduct, and a clear explanation of illegality, and to correct the use of “chatbot” as a synonym for artificial distribution networks.
• Facebook seeks a transition period and timelines for complex structural duties such as a duty of care, proposes a minimum six-month window after final judgment, and urges clarifications like requiring content to be manifestly illegal and replacing “presumption of responsibility” with “presumption of fault.”
• The government is weighing the acórdão as a partial substitute for a Digital Services bill, while other platforms and civil society groups also filed petitions pressing for definitions and phased implementation as the STF considers the appeals without a set date.