The 3rd Panel of the Superior Court of Justice (STJ, Brazil’s high court for non-constitutional federal law) issued a relevant decision regarding the liability of digital platforms that host consumer complaints. According to the ruling, the portal Reclame Aqui is not automatically liable for complaints published by its users.
Platform liability
The focus of the court’s review was determining when a digital platform becomes liable for third-party content. The 3rd Panel of the STJ established that the provider has no prior or automatic liability for what consumers post on the platform.
Under the Court’s understanding, the portal only incurs liability if it fails to comply with a court order mandating the specific removal of the content.
Impact on the business environment
For technology companies and investors, the ruling reinforces operational standards for review and complaint platforms in Brazil. The decision signals that tech intermediaries do not act as prior censors of user statements, but remain obligated to act once formally compelled by a court order.
This content is for informational purposes only and does not constitute legal advice. For guidance on specific matters, consult a qualified lawyer.
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