Brazil mandates court approval for child influencers’ online earnings

A new Digital Child Statute (ECA Digital) has taken effect in Brazil, requiring that children and adolescents obtain a judicial authorization (alvará) before appearing in commercial content or receiving payment on digital platforms. The rule, which began this week after a three‑month transition period from its March enactment, obliges platforms such as YouTube, Instagram, Facebook, TikTok, Twitch and Kwai to suspend any content from minors that lacks the required alvará and to refrain from monetising or amplifying such material.

The Ministry of Justice and Public Security sent an official notice to the main platforms outlining compliance steps, including notifying profiles about the new requirement and establishing verification mechanisms for existing alvarás. A consultative committee will present a proposal on Tuesday to standardise alvarás, which will be voted on by the National Council of Justice (CNJ). The proposal includes creating a National Alvará Bank (BNAD) to track authorisations and allow public oversight.

The Ministry of Labour’s Public Prosecutor’s Office (MPT) has submitted a technical note urging the CNJ to limit the resolution to artistic activities only, excluding advertising and sponsorship work, which it argues constitute child labour and should be prohibited for those under 16. The MPT stresses that the Constitution bans work for minors under 16, except as apprentices from age 14, and that any digital influencing that generates income should be treated as employment, not art.