In 2025, the Federal Supreme Court (STF) issued a significant decision regarding the civil liability of digital platforms in Brazil. When ruling on Direct Action of Unconstitutionality (ADI) 7,491, the Court upheld the constitutionality of Article 19 of the Brazilian Internet Civil Framework (Law No. 12,965/2014) but established important parameters for its application.

Article 19 provides that digital platforms can only be held civilly liable for content published by third parties through a specific court order. However, the STF made it clear that this rule is not absolute. In cases involving serious violations of rights—such as hate speech, incitement to violence, or large-scale disinformation—liability may arise even without a prior judicial decision, provided the platform has been notified and remains unjustifiably inactive.

This interpretation reinforces the need for companies that develop or contract digital solutions to adopt more structured content management processes. Recommended practices include:

• Efficient mechanisms for reporting and moderating content;
• Prompt responses to substantiated notifications of rights violations;
• Contractual review with suppliers and technology partners, ensuring clear definitions of responsibilities;
• Ongoing updates of internal policies, aligned with Brazilian legislation and the principles of data protection and freedom of expression.

The STF’s decision raises the level of diligence required from platforms and the companies that interact with them. In an increasingly complex regulatory environment, assessing legal risks associated with content moderation is no longer just a preventive measure but has become a strategic factor in digital governance.