(Analysis) On Aug. 22, the Brazilian government met with Big Tech and large e-commerce firms at the Planalto Palace to brief them on two draft bills: a Digital Services Bill and a Digital Markets/Competition Bill.
What would change
A new regulator built from the ANPD. The National Data Protection Authority (ANPD) would be turned into an independent National Agency for Data Protection and Digital Services with power to regulate, inspect and sanction platforms, including ordering the takedown or immediate unavailability of unlawful content.
Core duties the new agency would assume:
- regulate, supervise and enforce the new law
- issue norms on obligations, duties and rights, and adopt control measures including sanctions
- set up official channels with digital service providers
- mediate conflicts among regulated entities
- use investigative tools
- apply the “good-faith informant/whistleblower” principle when receiving reports
What platforms would be required to do:
- keep an office and customer service in Brazil (for very large services)
- assess and mitigate system-level risks; have public-emergency protocols
- undergo external, independent audits and allow on-site inspections
- publish transparency reports; use mechanisms to increase content reliability
- treat users non-discriminatorily and maintain resilient technical infrastructure
- act immediately against listed serious crimes and election-integrity violations
Sanctions the agency could apply:
- warnings; daily or simple fines up to 10% of a company’s revenue
- orders to publish the sanction decision or run counter-advertising
- restrictions such as banning the processing of certain databases or receiving subsidies/loans
- temporary suspension of operations (special cases), and other precautionary measures
- suspension for an indefinite period would require a court order
- in cases of systemic noncompliance, the agency could block a platform for up to 30 days, extendable once, after previous penalties have failed
Crimes flagged for immediate removal. Categories that must be detected and made unavailable without delay include:
- crimes against children and adolescents; acts of “terrorism” or preparatory acts;
- encouragement or assistance to suicide and self-harm; crimes against the Democratic Rule of Law;
- discrimination or prejudice based on race, color, ethnicity, religion or national origin; and
- crimes against women motivated by sex.
The brief also enumerate specific Penal Code articles such as bodily injury, human trafficking, sexual crimes, causing an epidemic and falsifying therapeutic products.
The “markets” bill strengthens antitrust authority CADE to label “platforms of great relevance” using revenue thresholds (e.g., over R$50 -$9 -billion global or R$5 billion in Brazil) and to impose added obligations, such as notifying certain acquisitions.
Context you should know
- The Planalto says the focus is to protect users—especially children and teens—and to require faster, systemic responses from platforms.
- In June, Brazil’s Supreme Court (STF) narrowed the Marco Civil’s “court-order rule,” expanding platforms’ civil liability when they fail to act after notice on unlawful content.
- Brazil’s ANPD already shows enforcement capacity: in 2024 it barred Meta from training AI models with Brazilians’ personal data.
- As a reference point, EU platforms reported 41.4 million items blocked in 1H-2025 under the Digital Services Act; Brazil’s plan cites this as background.
What companies and social media chatter say
Local media report industry representatives left the Planalto briefing calling it a “steamroll,” criticizing the low 3 million-user threshold and the requirement to open an office/CNPJ in Brazil. The government replied that it is gathering inputs and the full debate will occur in Congress.
On X, journalists and accounts summarized the proposal, noting the ANPD’s takedown powers and links to the Justice Ministry; these posts amplified facts already reported by mainstream outlets.
Why this matters
- For users: clearer complaint channels, transparency reports, and faster removal of clearly criminal content. Parental controls and child-safety rules would be codified.
- For platforms: expect audits, on-site inspections, and potential heavy fines or temporary suspension if problems are widespread and persistent.
- For the market: CADE could impose extra duties on the biggest players to curb gatekeeper power, which may affect acquisitions and self-preferencing.
Global comparisons
Brazil’s proposed rules would align the country more closely with European-style oversight, rather than adopting Russia’s or Turkey’s more restrictive models.
- The EU’s Digital Services Act requires systemic risk assessments, transparency reporting, and imposes fines of up to six percent of global revenue.
- The UK’s Online Safety Act empowers Ofcom to enforce child-safety duties and fine companies up to ten percent of global turnover.
- In Germany, the NetzDG compels platforms to quickly remove manifestly unlawful content or face fines.
- In India, Australia, and Singapore, regulators require local compliance officers, technological capabilities to trace content origins, or immediate removal powers in cases of harmful or false material.
- By contrast, Turkey and Russia give authorities direct administrative powers to block platforms or entire services—a model viewed as far harsher than what Brazil is proposing.
If approved, the bills would transform Brazil into one of the world’s tougher jurisdictions for Big Tech oversight.
For users, the laws promise clearer complaint channels, stronger parental safeguards, faster removal of unlawful content, and improved transparency about platform decisions.
For companies, they mean audits, inspections, and potentially ruinous fines, plus the need to adapt compliance systems already in place for the UK and EU.
With over 200 million people online, Brazil is Latin America’s largest digital market.
The government’s move signals a decisive regional shift toward holding technology giants directly accountable for systemic risks in one of the most influential democracies of the Global South.
Brazil Moves Toward EU-Style Tech Oversight With Sweeping Digital Bills
