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BIG TECH

Brazil’s Supreme Court returns to pivotal social media case, facing Trump-backed pressure

Brazil’s Supreme Court will resume today a landmark trial that could redefine the liability of social media platforms in Latin America’s largest democracy. The decision comes amid rising tensions between Brasília and Washington, fueled by the Trump administration’s increasingly aggressive defense of Big Tech and its targeting of Brazilian justices deemed hostile to online “free speech.”

At the heart of the case is Article 19 of Brazil’s 2014 Civil Rights Framework for the Internet. Much like Section 230 in the US, it shields platforms from legal responsibility for user-generated content — but, in the Brazilian case, only until they are ordered by a court to remove said content. If companies fail to comply, they can then be held liable. 

The Supreme Court is weighing whether to strike down the provision, potentially ushering in a more stringent liability framework that would compel digital platforms to moderate content more proactively. Big Tech lobbies argue that such a move is tantamount to censorship and could jeopardize forms of expression such as satire and journalism, arguing it would necessitate sweeping, preemptive content filtering.

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