Berliner Tageblatt - Brazil's top court tackles social media regulation

After a months-long pause, the court resumed its interrogation of four cases that focus on the accountability of online platforms for illegal content posted by users.

Alexandre de Moraes, one of 11 judges of the court, has repeatedly clashed with X owner Elon Musk and various right-wing personalities over social media posts.

The review is taking place in parallel with the coup trial of far-right former president Jair Bolsonaro, whose followers prosecutors accuse of using social media to lie about the reliability of the electoral system and plot the downfall of successor Luiz Inacio Lula da Silva.

Brazil's highest court is seeking to determine to what extent companies such as X, TikTok, Instagram and Facebook are responsible for removing illegal content, and how they can be sanctioned if they do not.

Though it is a review of four lower court cases, the judges' ruling will create a precedent that will affect the country's tens of millions of social media users.

At issue is a clause in the country's so-called Civil Framework for the Internet, a law in effect since 2014, that says platforms are only responsible for harm caused by a post if they ignore a judge's order to remove it.

Three of the Supreme Court's 11 judges have already ruled in favor of higher accountability. The other eight have yet to vote.

The court has already taken a strong stance on regulating social media.

Last year, Moraes blocked X for 40 days for failing to comply with a series of court orders against online disinformation.

He had previously ordered X to suspend the accounts of several Bolsonaro supporters.

Musk and other critics say Moraes is stifling free speech, and US President Donald Trump's administration is weighing sanctions against the judge, who Bolsonaro accuses of judicial "persecution."

Lula, who emerged the victor in a tightly-fought election against Bolsonaro in 2022, is advocating for "accelerating regulation" of online platforms.

"It is not possible for someone to attempt a coup d'etat... and say that this is freedom of expression," the president told reporters on Tuesday.

M.Odermatt--BTB