How can the law help deplatform misogyny? Between algorithmic opacity, The Brazilian Supreme Court, and the civil rights framework for the internet

Abstract

Contextualization: In June 2025, the Supreme Federal Court (STF) ruled on Extraordinary Appeals (RE) No. 1,057,258 and No. 1,037,396, declaring the unconstitutionality of Article 19 of the Brazilian Internet Bill of Rights (“Marco Civil da Internet”). This decision significantly altered the liability framework for internet application providers in Brazil, making them responsible for content posted by third parties on social media.

Objective: Given the recent nature of the issue, this article aims to address whether, through such a significant change, the law can contribute to the deplatformization of misogyny —understood here as the removal of content, individuals, or groups that promote misogynistic discourse on social media. It is argued that the platformization of misogyny has historically been fostered by two main factors: algorithmic opacity in content distribution and the absence of liability for internet application providers. The in-depth examination of these two aspects therefore constitutes the specific objectives of this study.

Methodology: This is an exploratory research, employing a deductive approach and using bibliographical and documentary research techniques.

Results: The study concluded that misogyny on social media is amplified by opaque algorithmic structures and by a business model that profits from it. Furthermore, the historical lack of provider liability for third-party content has contributed to the persistence of this scenario; however, recent legal developments, particularly the STF decision, indicate the possibility of greater control. Regulating platforms is, therefore, essential for the protection of fundamental rights and for addressing digital misogyny.