The Brazilian Chamber of Digital Economy (camara-e.net), which has among its members , , , Kwai and , signed an open letter against the by the president on Wednesday (20) to regulate the . The association prepared the document, released this Monday (25), together with the Latin American Association of (ALAI) and the Digital Council of Brazil.
The decrees regulate the 2025 decision that expanded the responsibility of platforms for third-party content. One of them (National Data Protection Agency) has the power to monitor whether companies are complying with the new obligations — and to apply punishments, such as a fine of up to 10% of revenue, suspension and ban on activity. The other creates specific rules to curb digital violence against women. The rules come into force in 60 days.
In the document obtained by Sheetthe entities state that the decrees “convert portions of a judicial decision rendered without unanimity and still subject to appeals into concrete obligations.” They also say that the measure increases legal uncertainty and weakens the “regulatory predictability on which the digital environment depends”.
STF minister Dias Toffoli, who is the rapporteur of one of the actions in the trial that supported the decrees, even scheduled the beginning of the analysis of the appeals for May 29th, in a virtual plenary session. Two days later, however, the minister removed the case from the virtual agenda and asked that they be included in the physical plenary agenda, a measure that depends on the president of the court, Edson Fachin.
The entities ask that this examination “make room for the necessary improvement of the decision, providing greater clarity to its foundations, its extension and its practical effects”. The letter also lists what it calls concrete risks: “excessive removal of content, increased compliance, vulnerability of small providers and uniform imposition of obligations on companies of profoundly different sizes, structures and business models”.
This last concern in a statement from camara-e.net shortly after the STF’s decision in 2025, when the association warned that the impact could be “particularly severe” on companies without the structure to absorb the new costs.
They have an obligation to act proactively to remove a list of issues, such as anti-democratic crimes, terrorism, incitement to racism and incitement to suicide, and may be punished in this case, if there is a “systemic failure”.
The government’s argument for issuing the decrees is that the Supreme Court’s decision, despite having been in effect since 2025, was ineffective and operational — both due to the lack of detail on generic points and the absence of a specific body to oversee the new duties.
To prepare the text, representatives of social networks, marketplaces, civil society and the Internet Steering Committee in Brazil were consulted.
The government states that the ANPD will also be able to edit, following the example of what has been happening within the scope of ECA Digital.
Among these points are the form of requests to take down criminal content for platforms and the deadlines they will have for analysis and response. The agency will also be able to define which actors are authorized to send such notifications and the deadline for contesting the person responsible for the content — items that were gaps in the Supreme Court’s decision.
In addition, you can define different criteria for fulfilling duties, depending on the size of the companies. Experts consulted by Sheet assess that the ANPD must face practical difficulties in dealing with all the tasks it accumulates.
