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Brazil’s Supreme Court Moves Toward Holding Social Media Platforms Accountable for User Posts

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Brazil’s Supreme Court ruled on Wednesday that social media platforms may be held responsible for certain illegal content posted by users on their sites, though key details of the ruling remain unresolved. In a preliminary vote, six of the 11 justices favored holding platforms accountable, which could lead to fines for companies that fail to remove unlawful posts.

This decision affects major players like Meta’s Facebook and Instagram, TikTok, Elon Musk’s X, and Alphabet’s Google in Brazil’s vast market of over 200 million users. Currently, under Brazilian law, platforms are only liable if they ignore a court order to remove content. The court majority sees this as a “veil of irresponsibility,” as Justice Gilmar Mendes stated, since companies are not presently held accountable even when aware of illegal content.

Meta warned in a 2024 statement that such a ruling could make platforms liable for nearly all types of content without prior notification. Google expressed openness to improving the law but emphasized the need for clear procedures to avoid legal uncertainty and indiscriminate content removal. TikTok and X representatives in Brazil did not respond to requests for comment.

The court has yet to define which content types would be considered illegal and is working towards consensus. Four judges are yet to vote in this ongoing trial, with the next session scheduled for Thursday. Changing earlier votes is possible but rare.

B. Grimm Power and Digital Edge to Invest $1 Billion in Thailand Data Centre

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Thai energy firm B. Grimm Power Pcl and Singapore-based digital infrastructure company Digital Edge announced a joint investment of $1 billion to build a 100-megawatt data centre in Thailand. This project aims to meet rising demand for digital infrastructure powered by clean energy, driven in part by surging interest in artificial intelligence technologies across Southeast Asia.

Thailand, the region’s second-largest economy, has become a hotspot for tech giants investing heavily in data centres. Notably, TikTok’s parent company Bytedance plans to invest $8.8 billion over five years, while Google is also preparing to launch a $1 billion data centre facility in the country. Earlier this year, Thailand’s investment board approved $3 billion in investments specifically targeted at data centres and energy projects.

Microsoft last year announced plans for its first regional data centre in Thailand, further solidifying the country’s status as a growing digital hub.

B. Grimm Power and Digital Edge said construction will be “fast-tracked” to have the data centre operational by the fourth quarter of 2026, catering to global tech firms looking to expand AI infrastructure in Southeast Asia. Harald Link, Group President of B. Grimm Power, highlighted the synergy between renewable energy and advanced data centre technology, stating the project will support Thailand’s transformation into a regional AI and cloud innovation centre.

TikTok Charged with Breaching EU Content Rules Under Digital Services Act

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TikTok has been formally charged by EU regulators with violating the Digital Services Act (DSA), a sweeping content regulation law aimed at increasing transparency and accountability for major online platforms. The European Commission’s preliminary findings, released Thursday, could expose TikTok’s parent company ByteDance to a fine of up to 6% of global turnover.

Key Allegations:

The European Commission said TikTok has failed to:

  • Publish a comprehensive ad repository, as required by the DSA, which would allow researchers and users to detect scam and manipulative advertisements.

  • Provide clear data on ad content, targeting practices, and disclosure of the entity behind each ad.

  • Ensure full ad transparency, a core DSA obligation to combat disinformation and exploitative practices.

“Transparency in online advertising — who pays and how audiences are targeted — is essential to safeguarding the public interest,” said Henna Virkkunen, EU digital policy chief.

TikTok’s Response:

TikTok said it supports the goals of the DSA and is working to improve its ad transparency tools. However, it disagreed with the Commission’s interpretation and criticized the lack of clear, public guidance:

“Guidance is being delivered via preliminary findings rather than clear, public guidelines,” a spokesperson said. “A level playing field and consistent enforcement are essential.”

What’s Next:

  • TikTok now has the opportunity to review the evidence and submit a written response before the Commission makes a final decision.

  • If found guilty of breaching the DSA, ByteDance could face financial penalties and further scrutiny over how it manages online advertising and content moderation.

  • TikTok is also under a separate EU investigation into its election-related risk management practices.

The case marks a significant escalation in the EU’s efforts to enforce the DSA, which came into effect in 2023 to curb harmful content, improve transparency, and hold tech giants accountable for the societal impact of their platforms.