In May 2026, Decrees No. 12,975 and No. 12,976 were published, regulating the Brazilian Internet Bill of Rights (Marco Civil da Internet – Law No. 12,965/2014). The new rules detail the duties of digital platforms and address gaps left by the Supreme Federal Court (STF) ruling on the constitutionality of Article 19 of the law.

See the key points of the new regulation below:

What changed?

• Definition of systemic failure

Rule: Platforms will be held liable if they systemically fail to adopt preventive measures against serious crimes (terrorism, violence against women, online fraud).

Exception: The existence of an isolated piece of illegal content does not, by itself, constitute a systemic failure.

• Mitigation of coordinated attacks

Proactive action: Platforms must act on their own initiative to reduce the reach of coordinated digital harassment attacks against women.

Priority regime: Applied to cases of political gender-based violence and violence against women with a high public profile (e.g., journalists).

• Advertisements and traceability

Ad placement: Providers must prevent advertisements featuring criminal content.

Records: They must retain data on advertisements and advertisers for one year after the ad is no longer running.

Investigation: Mandatory preservation of technical records for the unambiguous identification of source devices.

• Enforcement and operational asymmetry

Regulatory body: The National Data Protection Authority (ANPD) will be responsible for oversight and applying sanctions.

Differentiation: The ANPD may apply differentiated criteria based on economic scale and risk, protecting small providers.

• Removal of intimate content

Deadline: Providers must take down unauthorized intimate content within two hours of receiving a notice from the victim.

Blocking and AI: The material must be digitally fingerprinted to prevent automated re-uploads. The generation or modification of intimate content using Artificial Intelligence is prohibited.

• Reporting channels and appeals

Channels: Must be permanent, free of charge, prominently displayed, and easy to use.

Appeals: Out-of-court notices must be substantiated, and platforms must guarantee mechanisms for users to appeal content removals.

Access the full text of Decree No. 12,975/2026 and Decree No. 12,976/2026.

MAC Advogados closely monitors these changes and is available to guide your company with clarity and confidence in this new regulatory landscape.

Authors: Mateus Carreteiro, Igor Castro, Camilla Dietrich and Rafaela Arcanjo Láo