Brazil's Lula decrees impose new big‑tech responsibilities

President Luiz Inácio Lula da Silva signed Decrees 12.975/2026 and 12.976/2026 on 20 May. After a 60‑day vacatio they took effect on 20 July, amending the Marco Civil da Internet. The measures expand the liability of digital platforms for illegal content, fraud, and digital violence against women. They require big‑techs to keep a legal representative in Brazil, maintain permanent complaint channels, remove certain content within two hours of notification, and cooperate with the Attorney‑General’s Office (AGU) and the National Data Protection Authority (ANPD), which will oversee compliance.

The decrees have sparked immediate political backlash. Senators and deputies have filed urgent requests and several Project‑de‑Decreto Legislativo (PDL) motions to suspend the norms, arguing that the executive exceeded its regulatory authority, that the rules blur the line between illicit material and political speech, and that they threaten freedom of expression. Prominent opposition figures such as Esperidião Amin, Carol De Toni and others are leading the challenge. Legal experts note that the inclusion of subjective topics—such as posts about coups, electoral interruptions, or political criticism—creates a “gray zone” of legal uncertainty. The government defends the measures as necessary to protect users, curb disinformation, and combat crimes online.