Associations representing Meta, Google and TikTok criticize rules that attribute oversight of digital platforms to the ANPD
Associations representing , , and other digital platforms released on Monday (May 25, 2026) an open letter against the decrees signed by the president (PT) to regulate . A prepared the document together with aeo. The organizations ask the Federal Supreme Court to improve the 2025 decision that expanded platforms’ responsibility for third-party content.
On Thursday (May 21) and assign the (National Data Protection Agency) the competence to monitor compliance with new obligations by digital platforms. The ANPD may apply sanctions that include a fine of up to 10% of revenue, suspension and ban on activity. The rules come into force in 60 days.
In the document, the groups state that the decrees “convert sections of a judicial decision rendered without unanimity and still subject to appeal into concrete obligations”. The organizations argue that the measure increases legal uncertainty and weakens the “regulatory predictability that the digital environment depends on”.
The Brazilian Chamber of Digital Economy counts among its members Meta, Google, and TikTok. The letter lists 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”.
The associations request that the examination of resources “make space for the necessary improvement of the decision, providing greater clarity to its foundations, its extension and its practical effects”. In a statement released shortly after the STF’s decision in 2025, the Brazilian Chamber of Digital Economy had already warned that the impact could be “particularly severe” on companies without the structure to absorb the new costs.
STF decision
The federal government issued 2 decrees to operationalize the Supreme Court’s decision on the Marco Civil da Internet. One of the texts gives the ANPD the authority to monitor whether internet companies comply with the new obligations. The other decree establishes specific rules to combat digital violence against women.
The issuing of the decrees is justified by the lack of effectiveness and operationalization of the Supreme Court’s decision since 2025. The government identified a lack of detail on generic points of the court decision. There was also no specific body to monitor the new duties imposed on digital platforms.
The Supreme Court established that platforms have an obligation to act proactively to remove content related to anti-democratic crimes, terrorism, incitement to racism and incitement to suicide. Companies can be punished in case of “systemic failure”.
To prepare the text of the decrees, representatives of social networks, marketplaces, civil society and the Internet Steering Committee in Brazil were consulted. The standards have national coverage and affect all digital platforms operating in Brazil.
The ANPD may issue more detailed regulations on inspection. The agency will have the power to define the form of requests to take down criminal content for platforms and the deadlines they will have for analysis and response. You can also define which actors are authorized to send such notifications and the deadline for contesting the person responsible for the content. The ANPD may establish different criteria for fulfilling duties, depending on the size of the companies.
STF minister Dias Toffoli, rapporteur of one of the actions in the trial that supported the decrees, had scheduled the beginning of the analysis of the appeals in a virtual plenary for May 29th. Two days after scheduling the analysis, Toffoli removed the case from the virtual agenda and requested inclusion on the physical plenary agenda. The measure depends on the president of the court, Edson Fachin.
