Lula signs decrees with rules for big techs to operate in Brazil

The President Luiz Inácio Lula da Silva (PT) signed this Wednesday, 20th, decrees that change the regulation of the Marco Civil da Internet (MCI) and make it possible to hold digital platforms accountable in accordance with the decision handed down by the Federal Supreme Court (STF) last year. The standards will be published in the Official Gazette of the Union (DOU) this Thursday, 21st.

In June 2025, the Court declared article 19 of the MCI partially unconstitutional. This section only allowed platforms to be punished for any damage caused by posts if the companies had failed to comply with a court order. Based on the new understanding of the Supreme Court, the big techs may be held liable if they do not remove criminal content immediately after notifying the user.

One of the main novelties of the decrees signed today is the definition of the National Data Protection Authority (ANPD) as the competent body to monitor compliance with the new rules. According to Palácio do Planalto, the institution will not evaluate isolated decisions made by platforms, but rather their systemic action to prevent the circulation of harmful content. ANPD is prohibited from requesting the removal of isolated content or profiles.

The decrees issued by the government establish that companies will be able to assess whether the content is criminal or not before removing it. The user who notified the alleged offense and the owner of the content will be guaranteed information about the stages of the process and will be able to challenge the decision.

According to Palácio do Planalto, the new rules reinforce that companies operating in Brazil must follow local legislation and act preventively to prevent the circulation of criminal content.

Furthermore, companies that sell advertisements will be required to store data that allows the authors of criminal content to be held accountable and victims to be compensated.

Still in accordance with the STF decision, the decrees establish a different regime for criminally driven content. In these cases, platforms may be held responsible when there are recurring failures to adopt measures to prevent fraud, scams and crimes.

Protection of women

Lula also signed another rule that details the duties of digital platforms in the face of crimes of violence against women. Companies must maintain a specific and easily accessible channel for reporting nude content published without consent. In these cases, there is a period of up to two hours after notification to remove the publication.

Another point of the decree is the prohibition of deepfakes sexual, with a ban on the use of artificial intelligence to produce intimate images of women.