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The Chamber of Deputies approved, this Wednesday (15/10), a bill that requires judicial authorization for children and adolescents to act as digital influencers. The text now goes to the Senate.
According to the project, a judge must assess whether to grant authorization based on a series of factors, such as the “prior agreement of the child or adolescent”.
The proposal provides that, when granting authorization, the judge must establish specific conditions for the participation of children and adolescents in digital activities. Among the measures are:
- Set daily or weekly time limits, ensuring compatibility with school, leisure and family life;
- Deposit the proceeds in full into a bank account in the name of the child or adolescent, under judicial control, with transactions authorized by the judge and limited to subsistence, education or health expenses;
- Require periodic reporting by those responsible for the administration of these values.
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The text also determines that parents and teenagers over the age of 16 have the right to demand that digital platforms and services delete their data, images and videos from networks, even if “there is no proven harm”.
The proposal was approved in a symbolic vote, without a nominal vote count, and is part of the package announced last week by the president of the Chamber, Hugo Motta (Republicanos-PB), in honor of Children’s Day.
In the opinion, rapporteur Rogéria Santos (Republicanos-BA) cited YouTuber Felipe Bressanim Pereira, known as Felca, who accused him of producing content with minors and encouraging pedophilia.
“The topic gained centrality in the public debate after the release of the video “Adultization”, by YouTuber Felca, which denounced the early sexualization and undue exposure of children on digital platforms. By questioning the role of algorithms in promoting this type of content, the video generated wide social and political repercussions, revealing the urgency of more effective protective mechanisms in the online environment”, declared Rogéria.
Understand the text
The proposal establishes that “it is up to the judicial authority to authorize, by means of a permit and on an exceptional basis, the participation of children and adolescents in artistic representations carried out in a digital environment”.
The text defines artistic activities as those that:
- Have an essentially cultural, recreational or recreational nature, linked to freedom of expression and the integral education of children and adolescents;
- Reveal regular or organized production of artistic content, such as videos, audios, texts, broadcasts or other media, with regular interaction with the public or links with companies, agencies or sponsors;
- Aim to obtain public visibility, especially among children and adolescents, using scripts, scenarios, costumes, editing or dramatized language, showing performative intention and removing the spontaneity typical of age;
- They are intended for professional or commercial purposes, serving advertising, promotional or sponsorship purposes”.
