Brazilian Supreme Court establishes new liability parameters for internet application providers

On June 26, 2025, Brazil’s Supreme Court (STF) ruled that Article 19 of the Internet Legal Framework (Law No. 12,965/2014) is partially unconstitutional.

Article 19 provides that internet application providers should only be held liable for damages stemming from third-party content if they fail to comply with a specific court order of removal. However, according to the STF, Article 19 does not provide sufficient protection of fundamental rights and democracy.

In its ruling, the STF established rules that impact various aspects of internet application providers’ civil liability. These include (but are not limited to) the duty of care in the event of the mass circulation of serious illegal content, the need for Brazil-based representatives, self-regulatory measures, and making customer service channels available to users.

The effects of the STF’s decision apply prospectively, although cases in which a final, unappealable decision had been handed down prior to the ruling are not affected.

Mattos Filho has published new material summarizing the main aspects to assist with understanding the key impacts of the ruling. It addresses the new parameters the STF has set in regard to Brazil’s Internet Legal Framework, clearly outlining the changes and their practical implications.

For more information on this topic, please contact Mattos Filho’s Technology, Litigation & Arbitration, and White Collar Crime practice areas.