Overview
- The Supreme Court resumed hearings on June 10, 2026 to judge embargos filed by Meta, Google, Sleeping Giants Brasil and other parties seeking clarifications and limits on the 2025 decision that narrowed Article 19 of the Marco Civil.
- In its 2025 ruling the STF created a duty of care for platforms and listed categories of illegal content—including acts antidemocratic, terrorism, child sexual exploitation, gender‑based violence and trafficking—that can trigger takedown obligations without a prior court order.
- The court also established a presumption of platform responsibility for content spread by paid amplification and artificial distribution networks such as bots that platforms can rebut only by showing prompt, diligent remediation.
- Big techs ask the STF to make the rules apply only prospectively, to grant implementation time (for example six months), and to define what makes an extrajudicial removal notice credible and what counts as 'diligent' action or an 'artificial distribution network'.
- Until Congress enacts a statute the 2025 acórdão is binding and the executive decrees assigning the ANPD to supervise compliance create an interim enforcement regime with immediate effects for moderation, newsroom reporting and electoral information flows.