Operates a social platform, in Brazil

Lei nº 12.965/2014 (Marco Civil da Internet), arts. 19 a 21 · Read the law's page

• Read article 19 with the Supremo Tribunal Federal's ruling of 26 June 2025, which declared it partially unconstitutional: the general rule that liability for third-party content requires a prior specific court order no longer governs every case, and the lines below state what applies.
• Make content unavailable after a specific court order that clearly identifies it, within the technical limits of your service and the period set, or be civilly liable under article 19, which still governs crimes and civil wrongs against honour, email and interpersonal messaging, closed video and voice meeting applications, and providers with no interference in the communicative and informational flow.
• For other crimes and unlawful acts, remove third-party content on receiving a notice, extrajudicial notices included, or be jointly and severally liable under the article 21 regime for the damages, unless reasonable doubt about unlawfulness is shown after your own qualified diligence analysis; the same applies to accounts reported as inauthentic.
• As a social network provider, remove publications with content identical to an offensive fact that a court has already recognised, on judicial or extrajudicial notice and without a new court decision.
• Act without waiting for notice on unlawful paid advertisements and boosted content, and on content spread by artificial mechanisms of inorganic dissemination, or be ready to prove that you acted diligently and within a reasonable time to make the content unavailable: the Court presumes fault in these cases.
• Adopt adequate measures to prevent and immediately remove content constituting the serious crimes on the Court's closed list, including attempted coup d'état, terrorism, instigation to mutilation or suicide, racism, homophobia and crimes against women and children, because a systemic failure to do so makes you liable.
• Make non-consensual nudity and private sexual material unavailable diligently after a notice from the participant or the participant's legal representative that identifies the specific material and the requester's standing, as article 21 requires.
• Tell the user responsible for content you make unavailable the reasons and the information that allow a defence in court, when you hold their contact information, and, if you operate in an organised and professional manner for economic gain, replace the removed content with the reason or the court order when the user asks, as article 20 requires.
• Issue self-regulation covering a notification system, due process and annual transparency reports on extrajudicial notifications, advertisements and boosts, offer accessible service channels to users and non-users, and keep a headquarters and a representative in Brazil, as the Court's thesis of 26 June 2025 requires; platforms had 60 days from the end of the judgment of 17 June 2026 to implement the structural changes of the duty of care.
• Answer under the Consumer Defence Code if you operate a marketplace, as the thesis of 26 June 2025 provides.

Decreto nº 12.880, de 18 de março de 2026 · Read the law's page

• Applies, as the regulation of Lei nº 15.211/2025, to suppliers of information-technology products or services that make available content, products or services prohibited or improper for children and adolescents, to social network services, and to app stores and operating systems.
• If you make available content, a product or a service prohibited to children and adolescents (weapons, alcohol, tobacco, gambling, loot boxes, pornographic content, escort services, services for arranging sexual encounters), implement effective age verification mechanisms and effectively prevent access by children and adolescents (art. 15).
• For gambling, loot boxes, pornographic content, escort services and services for arranging sexual encounters, bar the creation of accounts and profiles by children and adolescents, and identify and remove accounts they operate (art. 15, § 2).
• If you make available pornographic content, your own or a third party's, adopt your own age verification mechanisms that ensure no access by children and adolescents, even in previews, images, titles or captions (art. 16, § 1).
• If a user is not registered, the age is not verified or the account is operated by a child or adolescent, hide, blur or do not display pornographic content by default, or require age verification to unlock it; self-declaration alone is not enough (art. 17).
• If you offer or intermediate the sale of weapons, alcohol, tobacco, addictive products, fireworks, gambling or loot boxes, implement effective age verification at registration, with purchases blocked by default and no unlock by self-declaration, or at the time of purchase (art. 18).
• If you operate a social network service that makes available content, products or services prohibited to children and adolescents, create versions without them or adopt effective age verification; self-declaration is not enough (art. 19).
• If you collect documents to assess age, keep only the age or the confirmation of the age range, and delete the image, the copy of the document and the information immediately and irreversibly after capturing what you need (art. 24, § 3).
• If you operate an app store or an operating system, provide users' age signals to application suppliers free of charge, limited to what is strictly necessary to confirm the minimum age and with no exact date of birth, civil identity or profiling data; ask for age or age range at account creation, assess age by a reliable method, allow the user to contest the result, and take measures against multiple accounts (art. 25, caput, §§ 1 and 2).
• If you operate an app store or an operating system, request the legal guardians' authorization before a child or adolescent downloads or installs an application, and tell the guardians the age rating assigned to it before they authorize (art. 25, § 3).
• If you supply a product or service that offers content improper, inadequate or prohibited for children and adolescents, receive the age signals from app stores and operating systems and adapt the product or service; if your own age assessment differs from the signal, apply the alternative that better protects children and adolescents, and give the user a way to contest the assessed age (arts. 26 and 27).