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Brazil Tightens Rules for Digital Platforms

From July 20, Brazil requires platforms to act proactively on illegal content and strengthens ad traceability.

Whalemate Labs · AI-assisted researchJul 20, 20263 min read

As of July 20, 2026, Brazil's new enforcement and liability rules for digital platforms take effect. The framework requires proactive action against certain illegal content, greater transparency around internal moderation systems, and data retention that can identify digital advertisers.

What changes as of today

As of July 20, 2026, Brazil's new enforcement and liability rules for digital platforms take effect. The regulatory package imposes proactive obligations on certain illegal content and tightens the liability regime for companies operating in the country.

Platforms will have to proactively remove content tied to racism, terrorism, child sexual exploitation, violence against women, and incitement to suicide, without waiting for a court order or a prior user report. They will still not be liable for everything third parties post, but they could be held responsible if they fail to act on criminal or illegal content identified under the new enforcement standards.

Transparency and moderation

The new rules also require platforms to publicly disclose their internal content moderation mechanisms. In addition, they must provide channels for users to challenge moderation decisions. The change is meant to formalize internal procedures and create a record of how those decisions are made and reviewed.

At the same time, companies that sell digital advertising in Brazil will have to store information that can identify advertisers. The goal is to improve traceability and help combat fraud, scams, and unlawful campaigns.

A tougher framework on several fronts

The regulatory shift comes as Brazil has already been moving on other fronts to strengthen oversight of digital environments. Portaria SPA/MF no. 1.964 requires all betting ads to include standardized warnings about financial and dependency risks, taking up at least 10% of the ad. Under that rule, the requirement strengthens traceability and oversight of content aimed at adults and helps protect minors from misleading or sexualized messaging.

That is joined by Portaria interministerial MF/SECOM/MJSP no. 73, which bans mixing sports analysis with betting promotion, restricts the display of winning bets, and prohibits messages that portray gambling as a symbol of financial success. It also forbids advertising communications directed directly or indirectly at children and teenagers.

On the electoral front, Brazil's Superior Electoral Court signed memorandums of understanding with Google, Meta, TikTok, X, Telegram, Kwai, and LinkedIn, as well as OpenAI, ElevenLabs, and Anthropic. The agreement seeks to develop technical solutions to identify and mitigate coordinated and fraudulent behavior, and to strengthen content moderation during the 2026 elections. According to Poder360, the court will also provide a legal framework and legal certainty for moderation and removal actions during the electoral period, complementing the new decree on platforms by clarifying when and how they can act more aggressively against illegal content or disinformation.

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