Brazil to Expand Platform Liability for Illegal Content, Online Misogyny

Brazil to Expand Platform Liability for Illegal Content, Online Misogyny
Photo: qz.com 20.05.2026 723

The Brazilian government is preparing new decrees that would tighten digital platforms’ obligations to remove illicit content and strengthen protections for women online.

The government of Brazil is expected to sign two decrees updating the country’s Internet Civil Rights Framework (MCI), after the national Supreme Federal Court of Brazil reinterpreted the law and held tech companies liable for failing to delete illegal online content.

According to draft proposals, the first set of measures would incorporate amendments made by the STF to Article 19 of the MCI. The changes include the immediate removal — without the need for a judicial order — of third-party content related to child pornography and incitement to suicide. The second decree focuses on combating misogyny in digital environments and strengthening online protections for women.

Oversight of the updated framework would be assigned to Brazil’s National Data Protection Agency (ANPD). The initiative is being developed with the participation of the Secretariat of Social Communication, the Ministry of Justice and Public Security, and the Ministry of Women, which is responsible for women-centered online protection policies.

The proposals also emphasize platform liability in cases of “systemic failure,” when companies fail to implement effective mechanisms to remove or prevent the spread of illicit content. Officials are still debating how quickly such material must be taken down. The STF’s position is that removal should be “immediate,” although regulators and tech firms remain divided over how the requirement should work in practice.

Under the draft decree on women’s online protection, platforms would be required to create dedicated channels for complaints related to the nonconsensual sharing of intimate content and adopt stronger measures against coordinated attacks targeting women in public life.

Brazilian President Luiz Inácio Lula da Silva has not yet approved the decrees, but is understood to be aware of the discussions. On International Women’s Day, he said the government would announce new initiatives to tackle online violence against women.

The MCI law was enacted in 2014 and is now widely viewed by government experts as outdated given the rapid evolution of the internet. Originally, Article 19 only held tech companies liable for user-generated content if they failed to comply with a court order to remove it.

Following the STF’s review in 2025, the provision was broadened so platforms can also be held liable for failing to act against content linked to “antidemocratic behavior,” terrorism, incitement to violence and discrimination, violence against women, and child exploitation.

Source: MLex

digital markets  Brazil 

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