BRASILIA, Brazil (AP) — The majority of justices on Brazil’s Supreme Court have agreed to make social media companies liable for illegal postings by their users, in a landmark case for Latin America with implications for U.S. relations.
Brazil's top court decided to rule on two different cases to reach an understanding on how to deal with social media companies as reports of fraud, child pornography and violence among teenagers become rampant online. Critics warn such measures could threaten free speech as platforms preemptively remove content that could be problematic.
Gilmar Mendes on Wednesday became the sixth of the court’s 11 justices to vote to open a path for companies like Meta, X and Microsoft to be sued and pay fines for content published by their users. Voting is ongoing but a simple majority is all that is needed for the measure to pass.
The ruling will come after U.S. Secretary of State Marco Rubio warned of possible visa restrictions against foreign officials allegedly involved in censoring American citizens. One such official reportedly is Brazilian Justice Alexandre de Moraes, who has taken measures against social media outlets he deemed to have not complied with Brazilian law.
The only dissenting Brazilian justice so far is André Mendonça and his vote was made public last week. The court is yet to decide how such regulations will be enacted.
Mendonça said free speech on social media is key for the publication of information that "holds powerful public institutions to account, including governments, political elites and digital platforms.”
Justice Flávio Dino, the first to vote on Wednesday, reminded his colleagues that recent cases of school shootings in Brazil were stimulated on social media. He read out postings by one user who said he was happy by watching families of dead children “weeping, bleeding, dying.”
“I think social media has not made humanity closer to what it has produced in best fashion,” he said.
The social media proposal would become law once voting is finished and the result is published. But Brazil’s Congress could still pass another law to reverse the measure.
The current legislation states social media companies can only be held responsible if they do not remove hazardous content after a court order.
Public debate on regulating social networks increased in Brazil in the aftermath of the Jan. 8 riot in 2023, when supporters of former president Jair Bolsonaro ransacked Congress, the presidential palace and the Supreme Court in the capital, Brasilia.
Platforms need to be pro-active in regulating content, said Alvaro Palma de Jorge, a law professor at the Rio-based Getulio Vargas Foundation, a think tank and university.
“They need to adopt certain precautions that are not compatible with simply waiting for a judge to eventually issue a decision ordering the removal of that content,” Palma de Jorge said.
Wednesday’s ruling brings Brazil’s approach to big tech closer to the European Union’s approach, which has sought to rein in the power of social media companies and other digital platforms.
Rendering platforms automatically accountable for content on their platforms may infringe freedom of speech as they could resort to preemptively removing content, according to the Sao-Paulo based Brazilian Chamber of Digital Economy, an organization that represents sectors of the digital economy.
“This type of liability favors large companies with robust legal structures, to the detriment of smaller, national players, which negatively impacts competition,” said the organization, adding that the decision may increase barriers to innovation.
Hughes reported from Rio de Janeiro.
Supreme Court Justice Alexandre de Moraes attends the court’s resumption of social media regulation cases regarding online disinformation, in Brasilia, Brazil, Wednesday, June 4, 2025. (AP Photo/Eraldo Peres)
Minister Luiz Fux, left, Google Brazil’s rapporteur, talks with Supreme Court Chief Justice Roberto Barroso, during the court’s resumption of social media regulation cases regarding online disinformation, in Brasilia, Brazil, Wednesday, June 4, 2025. (AP Photo/Eraldo Peres)
CRANS-MONTANA, Switzerland (AP) — Sixteen-year-old Arthur Brodard went to the Le Constellation bar with friends to celebrate the New Year. Nearly 48 hours after a devastating fire, his mother still held out hope he might be one of the six injured people who remained unidentified after one of Switzerland’s worst tragedies.
Those half-dozen people gave a glimmer of hope for families whose loved ones were missing in the aftermath of the fire at the Alpine ski resort of Crans-Montana that killed 40 people and injured 119 others, 113 of whom have been formally identified.
“I’m looking everywhere. The body of my son is somewhere,” Laetitia Brodard, from Lausanne, Switzerland, told reporters. “I want to know, where is my child, and be by his side. Wherever that may be, be it in the intensive care unit or the morgue.”
The severity of the burns has made it difficult to identify both the injured and deceased, requiring families to supply authorities with DNA samples. In some cases, wallets and any identification documents inside turned to ash in the flames. An Instagram account has filled up with photos of people who were unaccounted for, and friends and relatives begged for tips about their whereabouts.
Officials in the Valais regional government acknowledged the prolonged heartache.
“You will understand that the priority today is truly placed on identification, in order to allow the families to begin their mourning,” Beatrice Pilloud, the Valais region's attorney general, told reporters Friday during a news conference.
Mathias Reynard, head of the regional government, added: “We are aware of the particularly difficult hours, of the unbearable side of every minute that passes without answers."
Investigators said Friday that they believe sparkling candles atop Champagne bottles ignited the fatal fire when they came too close to the ceiling of the bar crowded with New Year's Eve revelers, two hours after midnight Thursday.
“We were bringing people out, people were collapsing. We were doing everything we could to save them, we helped as many as we could, we saw people screaming, running,” Marc-Antoine Chavanon, 14, told The Associated Press in Crans-Montana on Friday, recounting how he rushed to the bar to help the injured. “There was one of our friends: She was struggling to get out, she was all burned. You can’t imagine the pain I saw.”
Many of the injured were in their teens to mid-20s, police said. Authorities planned to look into whether sound-dampening material on the ceiling conformed with regulations and whether the candles were permitted for use in the bar.
Officials said they would also look at other safety measures on the premises, including fire extinguishers and escape routes. The region's top prosecutor warned of possible prosecutions if any criminal liability is found.
The injured included 71 Swiss nationals, 14 French and 11 Italians, along with citizens of Serbia, Bosnia-Herzegovina, Luxembourg, Belgium, Portugal and Poland, according to Frédéric Gisler, police commander of the Valais region. The nationalities of 14 people were still unclear.
Emanuele Galeppini, a promising teenage Italian golfer who competed internationally, was officially listed as one of Italy’s missing nationals. His uncle, Sebastiano Galeppini, told Italian news agency ANSA that their family is awaiting the DNA checks, though the Italian Golf Federation on its website announced that he had died.
Dazio reported from Berlin. Associated Press journalists Geir Moulson in Berlin, Graham Dunbar in Geneva, and Nicole Winfield and Giada Zampano in Rome contributed to this report.
People bring flowers and letters, reading "Rest in Peace", near the sealed off Le Constellation bar, where a devastating fire left dead and injured during the New Year's celebrations in Crans-Montana, Swiss Alps, Switzerland, Friday, Jan. 2, 2026. (AP Photo/ Antonio Calanni)
People mourn behind flowers near the sealed off Le Constellation bar, where a devastating fire left dead and injured during the New Year's celebrations in Crans-Montana, Swiss Alps, Switzerland, Friday, Jan. 2, 2026. (AP Photo/Baz Ratner)
The sealed off Le Constellation bar, where a devastating fire left dead and injured during the New Year's celebrations is seen in Crans-Montana, Swiss Alps, Switzerland, Friday morning, Jan. 2, 2026. (AP Photo/ Antonio Calanni)
People bring flowers and candles near the sealed off Le Constellation bar, where a devastating fire left dead and injured during the New Year's celebrations in Crans-Montana, Swiss Alps, Switzerland, Friday, Jan. 2, 2026. (AP Photo/ Antonio Calanni)
People mourn behind flowers and letters near the sealed off Le Constellation bar, where a devastating fire left dead and injured during the New Year's celebrations in Crans-Montana, Swiss Alps, Switzerland, Friday, Jan. 2, 2026. (AP Photo/ Antonio Calanni)
