In a rare moment of candor from Brazil’s highest court, Supreme Federal Tribunal (STF) Justice André Mendonça has confirmed what free speech advocates have warned about for years: aggressive new judicial rules on social media platforms are creating a dangerous chilling effect that leads to widespread preemptive censorship.
The admission came during discussions on the Marco Civil da Internet, Brazil’s framework for online regulation. Mendonça acknowledged that vague interpretations of “joint responsibility” for content—coupled with the threat of heavy fines—push platforms to remove even doubtful or borderline material rather than risk punishment. Instead of waiting for clear violations, companies now err on the side of deletion to protect themselves from Brazil’s activist judiciary.