Content moderation: Google secures victory in landmark ruling by Brazil’s Superior Court of Justice

In August 2024, the third panel of the Brazilian Superior Court of Justice (STJ) assessed the legal authority of YouTube, a social media platform owned by Google, to remove or suspend user content that breached its terms of service without requiring a court order.

In this regard, Article 19 of the Brazilian Civil Rights Framework for the Internet (MCI) establishes that “to ensure freedom of expression and prevent censorship, a social media platform can only be held civilly liable for damages caused by third-party content if, after receiving a specific court order, it fails to take action to remove or disable access to the identified unlawful content, within the scope of its services and within the timeframe specified in the order, unless otherwise provided by law”.

In its ruling, the STJ concluded that Article 19 should not be interpreted in a restrictive manner. If a social media platform’s terms of use align with Brazilian law, the platform is permitted to remove content without a court order. This represents a model of “regulated self-regulation,” where the platform enforces its own guidelines, with oversight from the Judiciary to address potential abuses or unlawful conduct.

In its analysis of freedom of expression, the Court determined that this constitutional right had not been infringed, as the user had agreed to the platform’s terms of use and remained free to express his views on other platforms, provided they complied with Brazilian law.

The Court also dismissed the claim of shadowbanning, noting that the plaintiff had been properly informed of the removal of his videos and the related policy violations. It found that the platform’s moderation was legitimate, transparent, and fully consistent with its terms of service.

The decision sets an important judicial precedent, providing greater legal certainty for social media platforms in Brazil to moderate user-generated content. The STJ’s ruling is a significant milestone in defining the responsibilities of these platforms and their authority to moderate content within legal and contractual boundaries. Although this is a non-binding precedent, other panels of the court might follow suit.

While the STJ grants social media platforms autonomy, their terms of use must remain in accordance with Brazilian law to prevent abuses or unlawful actions in content moderation, which could result in the platforms being held liable.