Lula Signs Decrees Holding Big Tech Liable for Illegal Content in Brazil

Luiz Inácio Lula da Silva signed two decrees and a package of draft bills on Wednesday to increase big tech companies' liability for illegal content shared by users in Brazil. The measures align government regulations with Supreme Court interpretations of the country's internet legal framework, making platforms liable if they refuse to remove content by judicial order and authorizing the National Agency of Data Protection to investigate such cases.

Under the new rules, platforms must establish crime reporting channels, analyze complaints, and immediately remove criminal content or face warnings, fines, and temporary suspension. Companies must also store data to assist in prosecuting offenders and implement preventive measures against serious crimes including terrorism, human trafficking, child sexual exploitation, violence against women, and self-harm incitement. A second decree specifically establishes digital protection guidelines for women. Additionally, companies may be held accountable for paid advertisements promoting crimes if they exhibit recurring failures in prevention and removal.

The presidential office clarified that messaging apps, email, and videoconferencing services such as WhatsApp are excluded from these requirements due to constitutional privacy protections. The regulatory push mirrors European Union efforts to govern social media platforms. Critics have warned the measures could threaten free speech, and the policy has strained relations with the U.S. government.