Big Tech Companies Criticize Lula Decrees on Social Media and Seek Supreme Court Review
Key takeaways
- The groups argue that the decrees turn into concrete obligations a Supreme Court ruling that was not unanimous and is still subject to appeals, increasing legal uncertainty and reducing regulatory predictability.
- The rules regulate a 2025 Supreme Court ruling that expanded platforms’ liability for third-party content.
- The government argues that the Supreme Court decision lacked implementation and enforcement mechanisms.
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The groups argue that the decrees turn into concrete obligations a Supreme Court ruling that was not unanimous and is still subject to appeals, increasing legal uncertainty and reducing regulatory predictability. They also point to risks of excessive content removal, higher compliance costs, impacts on small providers and the uniform application of rules to companies of different sizes.
The rules regulate a 2025 Supreme Court ruling that expanded platforms’ liability for third-party content. One decree assigns Brazil’s National Data Protection Authority (ANPD) responsibility for overseeing compliance with the new obligations, with possible sanctions including fines, suspension or prohibition of activities. The other establishes measures to combat digital violence against women.
The government argues that the Supreme Court decision lacked implementation and enforcement mechanisms. According to the presidential office, representatives from platforms, marketplaces, civil society and Brazil’s Internet Steering Committee participated in drafting the texts.