CSD-ABPI Launches SMOD to Resolve Digital Disputes
The Digital Law Dispute Resolution Chamber (CDD-ABPI) of the Intellectual Property Dispute Resolution, Mediation and Arbitration Center (CSD-ABPI) is launching a new tool to address increasingly frequent conflicts in the digital environment: the Online Digital Disputes Moderation System (SMOD-CDD). A fully online, out-of-court mechanism, it offers a second layer of independent review in complex content moderation cases, complementing, without replacing, platforms’ internal procedures and access to the courts or arbitration.
The launch comes at a time of change in Brazil’s liability and moderation regime, marked by Decree No. 12,975/2026 and by recent rulings of the Federal Supreme Court (STF) in Topics 987 and 533. These developments have reinforced the need for more transparent, well-reasoned and diligent decision-making on online content, especially in complex cases or where there is reasonable doubt about the lawfulness of the content. Although inspired by international experience, such as the model set out in the European Union’s Digital Services Act (DSA), the SMOD-CDD was designed for the Brazilian context and operates on the basis of voluntary adherence by platforms.
The SMOD-CDD procedure is predominantly document-based and asynchronous. After a case is submitted through the online system (by the complainant or by the platform itself), the Executive Secretariat carries out a formal review and notifies the respondent where necessary. An independent expert is then appointed to review the documents, request additional information and issue a reasoned decision, which is communicated to the parties and the platform. The decision may order measures such as removing or restoring content, or halting a particular data processing activity. Although binding on the participating platform, the mechanism does not provide for financial penalties and does not prevent recourse to the courts.
Users affected by moderation decisions, IP rights holders, personal data subjects, people alleging violations of personality rights and other interested parties may turn to the SMOD-CDD, provided the platform involved has joined the system. Platforms may also refer cases directly when they consider that a dispute requires specialized analysis.
The scope is broad and includes disputes over the removal, retention or restoration of content; intellectual property and unfair competition; privacy and data protection; personality rights; marketplace practices; and other controversies within the expertise of the CDD-ABPI. Platforms join through a specific instrument that integrates the SMOD-CDD into their internal review policies and sets out the conditions for participation and for implementing decisions.
For platforms, the benefits include stronger regulatory compliance, reduced litigation exposure, specialized technical support, impartiality ensured by independent experts, structured transparency and cost predictability, all of which can contribute to greater legal certainty and more efficient management of digital conflicts.
The Model Rules and the other documents needed to join and to start proceedings are available on the official SMOD-CDD page. Users and rights holders can start a case directly through the system, while platforms interested in joining should contact the CSD-ABPI General Secretariat at secretariageral@csd-abpi.org.
