MURRAY ADVOGADOS
The Current Situation of Social Media in Brazil: Limits and Regulations.
By Alexandre Tuzzolo Paulino.
The rise of social media as tools for communication and information in Brazil has profoundly transformed social, political, and institutional relationships. This shift has generated a range of legal challenges, particularly regarding freedom of expression, data protection, and liability for published content.
Currently, Brazil does not have a specific and consolidated law that fully regulates the operation of social media. Existing legislation is fragmented and relies on norms such as the Brazilian Internet Bill of Rights (Law No. 12,965/2014), which establishes principles for internet use, such as neutrality, privacy, and user accountability. Additionally, the General Data Protection Law (LGPD – Law No. 13,709/2018) governs the processing of personal data, directly affecting platforms that collect and use user information. Under discussion in the National Congress is the so-called “Fake News Bill” (Bill No. 2630/2020), which seeks to establish a legal framework to combat disinformation on digital platforms.
The current landscape highlights the urgency of establishing a balanced legal framework that ensures freedom of expression and technological innovation, while also setting clear limits on the circulation of content harmful to public discourse and the democratic rule of law. The challenge is to create effective regulations without leading to censorship or digital authoritarianism.
Despite progress in legislative debate, the regulatory gap has been partially filled by rulings from the Federal Supreme Court (STF), which has ordered the removal of content, the suspension of user accounts, and the imposition of liability on platforms.
In June 2025, the Federal Supreme Court (STF) ruled that digital platforms can be held liable for illegal content published by users, even without a prior court order, in cases involving serious crimes, hate speech, racism, homophobia, Nazi or fascist ideologies, and other forms of discrimination. This decision reinterprets Article 19 of the Marco Civil da Internet, which previously held platforms liable only after a specific judicial order for content removal.
It is undeniable that combating disinformation and digital violence is a pressing imperative of our time. However, preserving democracy requires institutional balance and respect for due legal process, to avoid lapsing into institutionalized censorship, which would ultimately undermine the very legitimacy of the institutions that are meant to be protected.
July 2025