The President of Brazil Advocates for Big Tech and AI Regulation in UN Speech; CGI.br Issues New Guidelines for Social Media
At the opening of the United Nations General Assembly on September 22, the President of Brazil Luiz Inácio Lula da Silva criticized the concentration of power among large technology companies and called for the development of regulatory instruments targeting big techs and artificial intelligence systems. In his speech, the President highlighted the urgency of safeguarding fundamental rights, curbing disinformation, and ensuring fair compensation for content creators and artists in the digital age.
On September 17, the Brazilian Internet Steering Committee (CGI.br), a multistakeholder body responsible for establishing and coordinating guidelines for the use and development of the internet in Brazil, unveiled a plan comprising 46 proposals aimed at regulating social media. The document was structured based on public consultations and technical discussions, organized around six pillars: (i) national sovereignty and jurisdiction; (ii) transparency; (iii) economics and competition; (iv) human rights; (v) prevention and accountability; and (vi) governance and asymmetric regulation.
According to the Committee, any forthcoming regulation must account for the size, reach, and revenue of platforms, as well as their power to influence the flow of information. Moreover, although these guidelines are not legally binding, since the Committee serves only an advisory role, they may provide technical grounding for future bills, regulatory instruments, and judicial decisions concerning the regulation of the digital environment.
Meanwhile, also during the month of September, the Brazilian Congress intensified debates on social media regulation. At a public hearing held by the Brazilian Senate’s Social Communication Council (CCS – Conselho de Comunicação Social), lawmakers, experts, and civil society representatives discussed the complex challenges of content moderation and user account removal.
Key points raised included: (i) the need for social media platforms to adopt more transparent and consistent criteria in content moderation, so as to prevent arbitrary censorship; (ii) the importance of discussions regarding platform liability for content posted by users, particularly concerning the spread of false and harmful information; and (iii) the need to establish more efficient and democratic oversight mechanisms that involve civil society and regulatory bodies in defining content moderation policies.
Why it matters?
The recent discussions led by these various actors, including the Executive Branch, Congress, and CGI.br, highlight the growing attention being paid to digital regulation in Brazil. For companies in the sector, this makes constant monitoring essential in light of the potential establishment of new regulatory obligations in the near future.
New Bills Introduced in the House of Representatives Propose Age Restrictions for Minors on Social Media and Limits on Infinite Scrolling
In the Brazilian House of Representatives, two bills were introduced seeking to amend the Digital Statute for Children and Adolescents (ECA Digital) to establish restrictions and access barriers to social media for minors. The first bill proposes restricting the use of these platforms by individuals under the age of 16. Should the bill advance and be approved by both legislative chambers, the government will be required to carry out public awareness campaigns on the potential impacts of social media use during child and adolescent development. Platforms, in turn, will be required to take measures to prevent the maintenance of accounts by users under 16 and to inform them that their services are not appropriate for that age group.
The second bill seeks to prohibit individuals under the age of 14 from creating or maintaining social media accounts. Additionally, similarly to the previous bill, if approved, platforms will be required to adopt the necessary and technically secure measures to prevent these minors from creating or maintaining accounts on their services.
Beyond these initiatives, another bill was introduced seeking to establish limits on infinite scrolling on social media. The proposal applies to platforms with more than two million monthly active users or those for which the sequential display of videos constitutes their primary functionality. Under the proposal, platforms must automatically interrupt continuous scrolling for five minutes after the display of 30 consecutive videos during a single usage session. Each video will be counted individually from the moment it appears on the screen, even if only partially watched.
If approved, noncompliance with these obligations may result in sanctions ranging from warnings to fines between BRL 50,000 and BRL 5 million per violation. The bill provides that, in cases of repeat offenses, a temporary suspension of the continuous scrolling feature may be ordered, or, in more serious situations, the suspension of the app’s operation in Brazil.
As discussed in our recent article, the growing regulatory production regarding cybersafety and the friction between the branches of government arising from these new rules highlight how the Brazilian legal landscape has become increasingly complex for digital platforms.
To track the progress of these and other bills, the Regulatory Radar on our Portal gathers, in its Policy and Enforcement Tracker, the main legislative bills, regulatory initiatives, and judicial proceedings with the potential to impact the operations of digital platforms in Brazil.
Why it matters?
The debate over the protection of children and adolescents in the digital environment has also been gaining traction in the legislative houses. There is a growing number of bills expanding the obligations imposed on digital platforms, whether through the creation of age-based access restrictions or by limiting features deemed potentially capable of encouraging excessive social media use. Although still in the early stages of the legislative process, bills of this nature merit close attention.
ANPD Advances Update of Its Enforcement Regulations; The Ministry of Justice Requests Investigations into 13 AI Tools
In September 2026, the activities of the Brazilian Data Protection Agency (ANPD) and the implementation of measures aimed at protecting minors and overseeing digital platforms took center stage.
On September 9, the ANPD opened a public consultation to receive contributions on the update of its Enforcement Procedure Regulation and its Administrative Sanctioning Procedure Regulation. The Agency’s goal is to update oversight procedures to align them with its new responsibilities, such as those related to the protection of minors on the internet, the guarantee of users’ rights, and the compliance duties of internet application providers, as provided for in the ECA Digital and Decree #12,975/2026, which updated the Brazilian Internet Act. Contributions may be submitted until October 26.
As part of this stage of public participation, on September 24, the ANPD held a public hearing to discuss the update of the aforementioned regulations. A total of 43 individuals, including experts and representatives from the public and private sectors, registered to participate in the discussions.
Also in September, ANPD President Waldemar Ortunho responded to criticism regarding the Agency’s alleged “superpowers.” According to Ortunho, the Agency has acted in a “strictly technical” manner on sensitive topics such as the protection of children and adolescents on the internet. He also emphasized that the ANPD has limited itself to regulating existing legislation and using responsive enforcement to bring agents into compliance. Finally, he stated that the Agency does not regulate political content and does not have the authority to take platforms offline.
On September 21, Brazil’s Ministry of Justice and Public Security (MJSP) announced that it had requested the opening of investigations into 13 artificial intelligence tools that offer digital companionship services to users, including children and adolescents. The request was made through the Brazilian Secretariat for Digital Rights (Sedigi) to the ANPD via a Technical Note based on the ECA Digital. According to the Ministry, these companionship services may involve emotional manipulation and result in psychoaffective dependency among young people.
Finally, as reported in our Client Alert, digital platforms with more than one million registered users under the age of 18 had until September 17 to publish their first transparency reports, in accordance with guidelines established by the ANPD, covering the period from January 1 to June 30, 2026. The reports were required to detail the risks identified on the platforms and the measures adopted to mitigate them, with a focus on the protection of children and adolescents.
The next report, covering the second half of 2026, must be published by February 1, 2027.
Why it matters?
The update of the ANPD’s enforcement regulations, the expiration of deadlines for transparency reports, and the Ministry’s request for investigations into platforms offering AI services demonstrate that the protection of children and adolescents is being enforced by authorities through the imposition of concrete obligations, and not only by the ANPD, as pointed out in our assessment of the Agency’s Regulatory Agenda outlook for 2027–2028.
Executive Branch Issues a Provisional Presidential Decree Banning Fixed-Odds Betting Nationwide and Orders Blocking of Thousands of Betting Sites and Apps
On September 25, the President of Brazil Luiz Inácio Lula da Silva announced the issuance of Provisional Presidential Decree #1,394/2026, which banned the offering and advertising of fixed-odds betting throughout the national territory. The prohibition covers betting on real sporting events and virtual gaming events, including when such services are offered by companies headquartered abroad to users located in Brazil.
The Decree also prohibited any and all communication, advertising, marketing, and sponsorship activities related to fixed-odds betting lotteries, through any physical or digital means of communication. Furthermore, it established that authorized operators will not be entitled to a refund of amounts paid to obtain authorizations, nor to any indemnification from the government.
Noncompliance with these obligations may result in warnings, fines of up to 10% of the economic group’s revenue in Brazil, capped at BRL 50 million per violation, daily fines, temporary suspension of activities, or even a ban on operating in the country.
Our Regulatory Update provides further details on the prohibitions established by Provisional Presidential Decree #1,394/2026.
Additionally, the federal government requested the blocking of more than 5,209 betting sites. Over 21,000 internet service providers across the country were called upon to effect the immediate takedown of these domains. Apple and Google were also notified to remove, by October 6, 186 applications offering betting services prohibited by the new Provisional Presidential Decree from their app stores.
Despite this, even after the ban, approximately 543 betting houses were launched illegally. According to figures published by the Bet Legal platform, just one hour after the Decree was announced, 41 new betting houses were registered.
Finally, even before the Provisional Presidential Decree was published, the Brazilian Association of Games and Lotteries (ANJL – Associação Nacional de Jogos e Loterias) had already sent extrajudicial notices to TikTok, X, Google, and Meta, requesting the adoption of a comprehensive plan to identify, remove, de-index, and block profiles, apps, and content from influencers promoting illegal sports betting operators in Brazil. The ANJL emphasizes that a broad illegal market remains in operation in the country, estimated at between 38% and 44% of the Brazilian betting market.
Brazil’s Ministry of Justice Announces Measures to Strengthen Safety in the Digital Environment
On September 21, Brazil’s Ministry of Justice and Public Security announced that it would adopt measures aimed at strengthening the safety the country's population in the digital environment. Accordingly, two Ordinances were published in recent weeks.
The first was a joint ordinance issued by the Ministry of Justice and Public Security, the National Secretariat for Consumer Protection (Senacon), the Secretariat for Digital Rights (Sedigi), and the Secretariat for Digital Policies of the Presidency of Brazil, on September 22. The rule regulated advertising in digital environments and established a series of consumer protection rules applicable to the display of ads and paid promotion by internet application providers that intermediate third-party content.
Among other measures, the Ordinance regulated: (i) the transparency and retention of information related to ads and paid promotions; (ii) the availability of such information in a public repository; (iii) specific obligations applicable to providers of advertising content; and (iv) cooperation with authorities responsible for oversight.
Then, on September 29, the Ministry of Justice issued Ordinance #1,312, which established the procedure for internet application providers and social media platforms to report crimes against children and adolescents directly to Brazilian authorities. The rule regulates the operation of the National Center for the Protection of Children and Adolescents (CNCA – Centro Nacional de Proteção à Criança e ao Adolescente), linked to the Federal Police’s Cybercrime Combat Directorate, and sets forth the requirements and procedures applicable to the notification reports provided for in the ECA Digital and its regulatory decree.
According to the Ministry of Justice, the initiative seeks to centralize the receipt of these communications in a single national point of contact, reducing dependence on international cooperation mechanisms and enabling faster forwarding of information to the competent authorities.
What to Expect in the Coming Months?
In the months ahead, the regulatory agenda will require immediate attention to the operational implementation of ANPD requirements and the transparency obligations under the ECA Digital.
The electoral process will intensify compliance demands directed at platforms, with a focus on combating disinformation, safeguarding electoral integrity, and moderating sensitive content. In the Legislature, monitoring bills on age restrictions, persuasive design, and regulatory frameworks remains a priority.
For companies in the sector, the landscape calls for attention to operational risks and a strengthening of compliance programs in the face of increasingly decentralized and stringent enforcement.
