Google and Meta Warn of Free Speech Risks After Brazil’s Supreme Court Ruling on Tech Liability

Google and Meta, the parent company of Facebook, Instagram, and WhatsApp, have publicly raised concerns about freedom of expression following a pivotal ruling by Brazil’s Supreme Court.

On June 26, 2025, the court voted 8 to 3 to expand the legal responsibility of digital platforms for content posted by users, marking a major shift in the country’s regulatory landscape.

Both companies stated that the new rules could impact not only free speech but also the broader digital economy. Meta warned that weakening Article 19 of Brazil’s Internet Civil Framework introduces legal uncertainty and increases the risks of doing business in Brazil.

Google echoed this sentiment, emphasizing that the changes could affect the company’s products and the digital economy as a whole. Both firms stressed their ongoing willingness to engage in dialogue with Brazilian authorities as they assess the full implications of the decision.

The Supreme Court’s ruling alters the previous legal standard, which only held platforms liable if they failed to remove illegal content after a court order.

Now, platforms must act on private notifications from users or third parties to remove a wide range of unlawful material, including hate speech, incitement to violence, and other serious offenses.

For personal offenses such as defamation, the requirement for a court order remains. The court also ruled that platforms are responsible for paid advertisements and sponsored content, unless they can prove proactive removal of illegal material.

Brazil’s Top Court Imposes Landmark Rules on Digital Platforms

The decision follows months of debate and opposition from major tech companies, who argued that no major democracy has implemented such a broad liability regime for digital platforms.

Google, for example, previously suggested it might limit its operations in Brazil depending on the outcome, citing the potential for stricter requirements similar to those imposed during the 2024 election cycle, when it halted political ad sales due to new transparency rules.

Brazil’s Supreme Court justified the move by pointing to the need for greater protection of fundamental rights and public safety online, given the failure of Congress to update digital regulations.

The court president, Luís Roberto Barroso, stated that the decision aims to preserve freedom of expression while preventing the normalization of hate speech and crime on the internet.

For the business community, the ruling brings new compliance challenges and potential costs. Platforms will need to invest in more robust content moderation and legal review processes.

The increased risk of litigation and operational constraints could influence investment decisions and the future of digital innovation in Brazil, a market with over 212 million people.

As the new rules take effect, global tech companies and local businesses alike must adapt to a stricter regulatory environment. The coming months will reveal how these changes reshape Brazil’s digital landscape and influence the balance between free expression, user protection, and business interests.