Intermediary Liability in Brazil: The Intricate Path Ahead

Brazil's new internet intermediary liability regime is underway. The implementation of changes established by the Supreme Court includes notice and takedown mechanisms and duty of care obligations. Caution is crucial as these measures can create problematic incentives for enforcement overreach and over censorship of protected speech. The court in June issued a new decision clarifying elements of its 2025 finding that the previous liability regime was partially unconstitutional. The government also published in late May two presidential decrees that detail how the new rules apply. Under the new regime, social media platforms and other internet applications that curate or interfere with posts can be held liable for third-party content if they don’t remove it after being notified by the user seeking take down unless there's a reasonable doubt that the content is unlawful. For certain specific cases, like crimes against honor (e.g. defamation), platform liability still depends on failing t