Brazil strengthens protection of minors online

In Brazil, a law to protect minors in the digital space came into force on Tuesday. It introduces stricter rules for children and adolescents, particularly in social networks and digital gaming and betting applications.

The “Digital Statute for Children and Adolescents“ (Lei do Estatuto Digital da Criança e do Adolescente, ECA Digital for short), which was passed in September and now applies after a six-month transition period, is the first of its kind in Latin America. It requires tech companies to remove elements that contribute to Brazilian minors compulsively using social media or developing an addiction.

The new Brazilian Digital Law obliges companies to introduce reliable age verification mechanisms to protect minors from accessing unsuitable environments and content – a simple self-declaration is no longer sufficient. Furthermore, for social media accounts of users under 18 years of age, it is prohibited to display videos that start automatically or run in an endless loop, as well as targeted advertising. Accounts of minors under 16 years of age must be linked to those of their legal guardians.

Rules for the entire digital space

The rules apply to all digital products and services, even if they are not explicitly designated as platforms for children and adolescents – for example, banks, entertainment websites, or e-commerce portals. Networks such as Discord and messenger apps like WhatsApp or Telegram also fall under this regulation. “In the future, parents will be able to set their children's screen time, block conversations with third parties, and prevent financial transactions,” explained lawyer Nuria López to the Brazilian daily newspaper O Globo.

Platforms with more than one million registered children and adolescents must also regularly submit reports detailing how they have handled complaints and what content moderation measures have been taken. Online marketplaces and delivery apps for alcoholic beverages, cigarettes, and erotic items will be required to verify age upon registration or purchase and automatically deny minors access to prohibited items. Betting providers and online gambling platforms must prevent the registration and access of children and adolescents; search engines are encouraged to hide or flag sexually explicit content and require age verification to unlock it. Providers of pornographic content must introduce age verification.

Platforms are also obliged to remove content immediately upon notification by the affected parties, not just upon court order. This principle is intended to apply not only to violations of the rights of children and adolescents but to any violations in the digital space. Penalties for non-compliance range – depending on the violation – from ten reais per registered user to a maximum amount of 50 million reais (8.3 million euros). Companies may also be temporarily or permanently excluded from operation.

“One of the most progressive laws in the world”

The aim of the law is to reduce cases of violence, harassment, and exploitation of minors on the internet. The National Data Protection Authority ANPD is to act as the regulatory and supervisory authority, but must still develop regulations and procedures for the implementation of the law in part. This applies, for example, to the implementation of age verification and the linking of adult accounts with accounts of minors under 16 years of age.

“We are putting one of the most progressive laws in the world into effect,” declared President Luiz Inácio Lula da Silva. “Enough tolerance for exploitation, sexual abuse, child pornography, bullying, and self-harm. What is a crime in real life is also a crime in the digital space, and perpetrators will face the full force of the law.”

Brazil, with a population of over 210 million people, a huge market for platforms like Instagram, YouTube, or TikTok, as well as for major digital betting providers, joins numerous initiatives worldwide to protect minors online with its Digital Law. Following Australia's recently introduced ban on social media for under-16s, stricter rules for minors' social media use are also being discussed in Germany. The German CDU party decided in February to introduce a minimum age of 14 for social media like TikTok and Instagram to protect children and adolescents. Coalition partner SPD also shows itself open to a social media ban for children under 14. Meanwhile, Federal Education Minister Karin Prien expects rapid European regulations for tech corporations to restrict children's and adolescents' access to social media.

(akn)