Brazilian Supreme Court (STF) reaches majority on Article 19 of the Civil Rights Framework for the Internet (MCI), signaling an expansion of Big Tech liability for user posts

After several postponements and controversies, on June 11, the Full Bench of the Brazilian Supreme Federal Court (STF) reached a majority decision (6–1 vote) to reinterpret Article 19 of the Civil Rights Framework for the Internet – MCI (Law No. 12,965/2014) and establish that digital platforms can be held liable for user-generated content without requiring a court order for content removal in certain cases.

The controversy surrounding Article 19 lies in the rule that platforms (including Big Tech companies) are only civilly liable if, after receiving a specific court order, they fail to take down third-party content.

Now, with a majority formed, the understanding is that platforms must remove certain types of content without needing a specific court order.

While the matter is not yet fully resolved, there are already clear indications of how Article 19 will likely be interpreted.

Justice Barroso, for instance, held that platforms must act proactively—without requiring a court order or an extrajudicial request—to remove "severely harmful" content, including: child pornography; serious crimes against children or adolescents; incitement, instigation, or assistance to suicide or self-harm; human trafficking; acts of terrorism; and the violent abolition of the democratic rule of law and coups d'état.

Justice Flávio Dino argued that "patently illegal" content could be taken down pursuant to an extrajudicial notice.

In this context, could an intellectual property infringement on a platform be interpreted as patently illegal content? Depending on the STF's final ruling, there may be room to substantiate this thesis, facilitating the removal of patently illegal intellectual property content circulating across social networks, marketplaces, and other online channels.

We are closely monitoring the developments of this trial and how they will impact industrial property matters.

Get in touch with Ritter Advogados to understand how this ruling could affect your business.