Brazil’s federal government has introduced two executive decrees revising the country’s foundational internet law, the Marco Civil da Internet, to strengthen online safety through enhanced platform accountability and protection against digital harms. These updates follow a 2025 Supreme Court ruling that called for platforms to take proactive measures against serious crimes online, reflecting the evolving digital landscape.
What Happened
In May 2026, Brazil issued executive decrees No. 12.975/2026 and No. 12.976/2026, updating the regulatory framework of the Marco Civil da Internet—a law originally enacted in 2014—to align with a landmark Supreme Court decision. The Court partially invalidated Article 19, which had previously limited platform liability to court-ordered takedowns, and mandated proactive platform duties concerning serious crimes. The decrees operationalize this ruling by outlining platform obligations around content moderation, online advertising due diligence, and enforcement mechanisms, including specific protections against gender-based digital violence.
Key Facts
- The 2025 Supreme Court ruling declared Article 19 of the Marco Civil partially unconstitutional, requiring platforms to act proactively against crimes such as terrorism, child exploitation, self-harm incitement, violence against women, racism, and anti-democratic acts.
- The first decree updates obligations for platforms to analyze, remove, and report on illegal content within specified categories and mandates procedural transparency.
- It imposes due diligence requirements on online advertising to combat widespread digital financial fraud.
- The National Data Protection Agency (ANPD) is designated as the oversight authority, focusing on systemic compliance rather than content-specific rulings to avoid censorship risks.
- The second decree targets digital gender-based violence, including rapid removal of non-consensual intimate images within two hours and prohibiting AI-generated intimate deepfakes.
- Platforms must inform users about “Ligue 180,” Brazil’s violence against women hotline, and reduce the reach of coordinated harassment campaigns against women, especially public figures and journalists.
Why It Matters
These decrees mark a significant regulatory shift in Brazil’s digital policy, emphasizing that digital security and fundamental rights require proactive platform governance, not merely reactive court orders. By addressing the reality of algorithmic amplification and the scale of digital harms, Brazil seeks to protect democratic values, prevent financial fraud, and combat gender-based violence in online environments. The move also sets an example globally of combining judicial insight with executive action to modernize internet governance.
Background
The Marco Civil da Internet, enacted in 2014, was pioneering in its protection of free expression and platform immunity except under court orders. Over a decade, the digital panorama evolved drastically, with platforms growing in size and influence, and the proliferation of illegal content causing significant social and democratic damage. In June 2025, Brazil’s Supreme Court majority ruled that the existing law no longer sufficiently protected citizens, triggering a legal need for updated regulatory measures.
Analysis
The 2026 decrees translate the Supreme Court’s judicial framework into practical rules balancing free expression, platform responsibility, and user protection. The systemic focus on platform behavior overseen by the ANPD avoids content-specific censorship risks. Including specific provisions against digital gender-based violence responds to Brazil’s acute challenges with online harassment against women. Introducing clearer accountability in online advertising addresses the country’s severe fraud issues related to digital ads.
Who Is Affected
Online platforms that host user-generated content and advertisements are directly impacted by the new decrees, as they must proactively monitor and respond to serious illegal content and remove harmful materials swiftly. Digital users in Brazil, particularly women and vulnerable groups, stand to benefit from enhanced protections and transparency. Investigators and victims of financial fraud also gain better tools to trace illicit online advertising practices.
Reactions / Official Statements
This information was not confirmed in the reviewed sources.
What Remains Unclear
Details on how exactly platforms will implement these new obligations and the mechanisms the ANPD will use for monitoring compliance remain unclear. The broader legislative response by Brazil’s Congress, beyond current laws on children and adolescents, is also yet to be determined.
What Comes Next
The Supreme Court’s interpretation will guide platform responsibilities until lawmakers enact new, comprehensive legislation. Meanwhile, the executive decrees establish operational rules for platforms to follow. The effectiveness of these measures will depend on implementation by platforms and enforcement by the ANPD, as well as potential future legislative developments addressing digital rights and security.
Sources
This article is based on reporting and publicly available information from the following source:
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