BRAZIL IMPOSES NEW RULES ON BIG TECH COMPANIES

Two Texts

One of the decrees signed by Lula updates a previous regulation from 2016 connected to the Marco Civil da Internet, Brazil’s main legal framework governing internet rights and digital platforms. The second decree specifically targets misogyny and violence against women in digital environments, establishing rules to combat practices such as the creation of fake nude images generated through artificial intelligence and imposing a maximum deadline of two hours for the removal of non-consensual intimate images after notification by the victim. Among the new provisions is the assignment of supervisory authority to the National Data Protection Authority (ANPD), an agency linked to the Ministry of Justice. The ANPD will now oversee whether digital platforms are complying with obligations established by the Supreme Court, effectively transforming the agency into a broader regulator of social networks and online platforms.

Penalties

The decrees are expected to come into force within 60 days. Under the rules established by the Marco Civil da Internet, the ANPD will be able to apply administrative penalties in cases that do not depend directly on judicial decisions. The sanctions may include fines of up to 10% of a company group’s revenue in Brazil, temporary suspension of activities, and even prohibition of operations in serious cases. In addition, the agency may issue complementary regulations detailing how oversight and enforcement procedures will function, following a model similar to the one already adopted within the framework of the Digital Statute of Children and Adolescents (ECA Digital).

Brazilian Internet Bill of Rights

Last year, the Supreme Federal Court ruled on the constitutionality of provisions contained in the Marco Civil da Internet, originally approved in 2014. Under the previous interpretation of the law, social media platforms could only be held liable for third-party content if they failed to remove it after a judicial order. The Supreme Court’s decision broadened the possibility of platform responsibility in certain situations, especially involving illegal content, violence, and systemic failures to prevent criminal activity online.

Regulation

With the exception of the Digital Statute of Children and Adolescents (ECA Digital), attempts to advance broader regulation of social networks in the National Congress have largely stalled in recent years. The so-called Fake News Bill, for example, became one of the country’s most controversial legislative proposals and was labeled by critics as a “Censorship Bill.” One of the main disputes that contributed to the paralysis of the project — originally reported by Congressman Orlando Silva (PCdoB-SP) — involved defining which institution would be responsible for supervising and enforcing the new rules imposed on digital platforms.

Decree updating the Brazilian Internet Bill of Rights

• Platforms must inform users about moderation measures, provide transparency, and guarantee mechanisms for appeals and challenges.
• The National Data Protection Authority (ANPD) will supervise whether platforms act proactively and systematically against illegal content but will not be allowed to order the removal of specific posts.
• Platforms must adopt preventive measures against serious crimes.
• The decree protects criticism, parody, satire, journalistic content, religious expression, and freedom of belief.

Illegal content linked to crimes may be removed after notification.

• Authorities will have expanded access to information for criminal investigations.
• Platforms must adopt preventive measures against advertisements involving scams, fraud, or criminal activity. Companies must preserve advertising data so consumers can seek compensation or legal redress when necessary.

Decree to combat violence against women

• Platforms must provide a specific reporting channel for nude or sexual content affecting women, girls, and adolescents, with mandatory removal within a maximum of two hours after notification by the victim or legal representative.
• Artificial intelligence companies must implement safeguards to prevent the creation of synthetic nude images involving women and minors.
• Digital platforms will have a duty to act proactively to prevent crimes targeting women online.
• Platforms must reduce the reach and visibility of coordinated attacks directed at women in professional environments to protect freedom of expression and personal security.
• Digital platforms will also be required to disseminate information about the “180” hotline, Brazil’s national support service for women victims of violence.

Analysis:

Brazil’s new decrees regulating digital platforms represent a significant expansion of the federal government’s role in supervising online activity and enforcing platform accountability. By transferring oversight responsibilities to the National Data Protection Authority (ANPD), the Lula administration is moving beyond the traditional model established by the Marco Civil da Internet, which relied primarily on judicial intervention to determine liability. In the Brazilian case, however, the initiative also carries strong political and institutional implications because it emerges after years of deadlock in Congress over platform regulation and follows a Supreme Federal Court decision that substantially expanded the legal responsibility of social networks.

Sources: A Folha de SP [1], [2], [3]; O Globo.