Brazil’s Supreme Court resumed a trial this Wednesday that is expected to decide on the regulation of social media—a landmark case in Latin America concerning the role of digital platforms in the spread of fake news and hate speech.

After a months-long pause, the court returned to the analysis of several cases related to platform rules and their liability over user-generated content.

The process is unfolding in parallel to another case before the court involving far-right former president Jair Bolsonaro and former aides, who are on trial for an alleged attempt to stage a coup in 2022 after losing the election to Luiz Inácio Lula da Silva.

According to prosecutors, those accused of plotting the coup used social media to spread disinformation about the reliability of the electoral system and to justify their actions.

Platform responsibility under review

The current debate before the Supreme Court seeks to determine how platforms can be sanctioned for illegal user content. A key question is whether tech companies should be required to monitor and possibly remove illicit content proactively—without a judicial order—as the current regulatory framework does not demand it.

Eight out of eleven justices have yet to vote on the constitutionality of a specific article in Brazil’s Marco Civil da Internet (Civil Rights Framework for the Internet), in force since 2014. That article establishes that platforms are only liable for damages caused by user posts if they refuse to comply with a court order to remove the content in question.

The three justices who have already cast their votes supported expanding the responsibility of tech platforms.

Although the court is analyzing specific cases, its decision will set a precedent to be applied broadly across Brazil.

Elon Musk's side

Brazil rose to international prominence in the global debate over platform responsibilities in August 2024, when Supreme Court Justice Alexandre de Moraes ordered the blocking of platform X nationwide for failing to comply with judicial orders aimed at fighting disinformation.

X’s owner, billionaire Elon Musk, ignored requests to take down accounts belonging to Bolsonaro supporters, escalating tensions with Moraes over the boundaries between freedom of expression and threats to democracy.

After a 40-day suspension, Musk backed down and X resumed normal operations in Brazil.

The government of U.S. President Donald Trump is currently considering possible sanctions against Moraes, after Bolsonaro’s allies accused the justice of "persecuting" the former president (2019–2022).

On Tuesday, Brazilian President Lula called for an acceleration of platform regulation. Speaking at a press conference, he said: “It’s not possible for someone to try to stage a coup (...) and say that this is freedom of expression,” referring directly to Bolsonaro.

With information from AFP