On June 11, 2025, the justices of the Supreme Federal Court (STF) of Brazil reached a majority decision in favor of establishing objective liability for social media platforms regarding content shared by their users. In other words, the Court held that it would not be the user—the original poster—who would bear primary responsibility for any damages resulting from their statements, but rather the company that operates the social network.
During the trial, Justice Gilmar Mendes delivered a striking remark in which he expressed admiration for the way the Chinese government, under the leadership of Xi Jinping, regulates social media use. In his vote, Gilmar Mendes even paraphrased former Chinese leader Deng Xiaoping, quoting the well-known phrase: “It doesn’t matter whether a cat is black or yellow, so long as it catches mice.” In this context, such a metaphor raises the unsettling question of who the “mice” are and who stands as their hunter. For many citizens concerned with freedom of expression, the real “mice” are precisely those who act to restrict that freedom, using the state as a tool to control the flow of information.
Furthermore, there is a growing perception that the STF has taken on a legislative role on sensitive topics, such as the regulation of social media, without facing any institutional accountability from the Federal Senate—raising concerns about potential institutional capture. The idea of holding platforms liable for offenses committed between users, for example, sets a dangerous precedent and broadens the state’s power over the digital environment.
This concern has been further amplified by recent statements from President Luiz Inácio Lula da Silva, who declared that he personally asked President Xi Jinping to assign a Chinese representative to engage with the Brazilian government regarding models for social media regulation. According to Lula, the Chinese government accepted the request and committed to sending a person to address the matter with Brazilian authorities: “Mauro Vieira received a letter from Xi Jinping, and he agreed to send someone to talk. When that person arrives, it will be Sidônio who will meet with them.”
However, it is important to underscore that China operates under a dictatorship led by the Communist Party, characterized by systematic censorship and the persecution of political opponents and dissidents. The potential adoption of mechanisms inspired by this authoritarian model raises serious concerns about national sovereignty and respect for fundamental freedoms. Delegating regulation of networks to foreign parameters—especially those promoting censorship—could lead to the imposition of algorithmic filters that dictate the content the public is exposed to, in accordance with the State’s interests—as is already seen, for instance, in short videos algorithmically recommended on platforms, where the algorithm acts as an agent of state propaganda.
In this scenario, the publication of content critical of the government could result not only in penalties for the content creators but also for the platforms themselves, creating a chain of liability that would pressure these companies to strictly comply with state-imposed directives. This would compromise not only the free exercise of communication but also the diversity of thought.
Therefore, it is essential to consider the limits of each citizen’s right to freedom of expression and to access content that may run counter to the government. If such a regulatory model is consolidated, we would be facing a form of covert control—a true veiled dictatorship. And if the State gains the power to control what circulates online, what would prevent it from extending this control even into private life or activities carried out offline? This is a delicate line that, once crossed, puts the very foundations of a free society at risk.
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