New Rules for Digital Platforms and the Protection of Women Online

The Federal Government published Decrees No. 12,975/2026 and No. 12,976/2026, promoting relevant changes in the regulation of the Brazilian Internet Bill of Rights and establishing new guidelines for the operation of digital platforms in Brazil. The measures were presented as part of the national strategy to strengthen digital governance, combat online violence, and expand the protection of fundamental rights in the virtual environment.

The new regulatory landscape for digital governance in Brazil

The decrees directly impact technology companies, social networks, application providers, marketplaces, content-sharing platforms, and other agents operating digital ecosystems in the country. Furthermore, they reinforce mechanisms for protecting women in situations of digital violence, expanding duties related to prevention, moderation, and rapid response to illicit content.

The new rules emerge in a context of growing international discussion about platform responsibility, algorithmic transparency, the dissemination of illegal content, and the need for greater control over systemic digital risks. Countries and economic blocs have already been adopting similar regulatory models, especially after the increase in episodes involving disinformation, online violence, abusive exploitation of data, and coordinated attacks in digital environments.

In this context, Decrees No. 12,975 and No. 12,976 represent an important Brazilian regulatory movement aimed at updating the practical application of the Brazilian Internet Bill of Rights.

It is important to highlight that the decrees will come into effect sixty days after the date of their publication, giving the platforms and other impacted agents an initial period to assess the new requirements and adapt their internal practices.

Decree No. 12,975: Update to the Regulations of the Brazilian Civil Rights Framework for the Internet.

Decree No. 12,975 amends Decree No. 8,771/2016, which regulates the Brazilian Internet Bill of Rights. The central objective of the new regulation is to detail the duties of digital platforms and establish more rigorous parameters related to the prevention of illegal activities, transparency, and digital governance.

The text seeks to structure more effective mechanisms for addressing systemic risks produced in large-scale digital environments, especially on platforms capable of amplifying content through automated systems of recommendation, boosting, and mass distribution.

Among the main points of the decree, the following stand out:

Strengthening the Duty of Care of Digital Platforms

One of the most relevant aspects of Decree No. 12,975 is the reinforcement of the so-called "duty of care" of digital platforms.

In practice, the decree requires companies to take preventive, proportionate, and continuous action to reduce the massive circulation of illicit content and mitigate risks produced by their own technological systems.

Although the Brazilian Internet Bill of Rights (Marco Civil da Internet) generally maintains a model of liability conditioned on a court order, the decree expands administrative and operational duties related to digital security and risk management.

Platforms are being encouraged to adopt measures such as:

• Ongoing assessment of systemic risks;
• Mechanisms for preventing the automated viral spread of illegal content;
• Clearer internal moderation policies;
• efficient reporting channels;
• Rapid response procedures in the event of violations;
• measures aimed at protecting vulnerable groups.

The text also emphasizes the need to reconcile freedom of expression, the protection of fundamental rights, and the reduction of harm resulting from the misuse of digital platforms.

Algorithmic Transparency and Moderation Rules

Another central aspect of Decree No. 12,975 is the expansion of transparency obligations.

The platforms should provide clearer information about:

• content moderation policies;
• criteria for removing, limiting, and prioritizing publications;
• Operation of automated recommendation mechanisms;
• risk mitigation measures;
• transparency reports;
• Requests made by public authorities.

The intention is to allow for greater predictability, social control, and oversight of automated decisions capable of significantly impacting the flow of information and the exercise of fundamental rights in the digital environment.

The debate about algorithmic transparency has gained global relevance precisely because automated systems directly influence the visibility of content, the reach of publications, and the dynamics of public opinion formation on digital networks.

Oversight by the National Data Protection Authority

The decree also strengthens the role of the National Data Protection Authority (ANPD), granting the agency the power to oversee, regulate, and investigate violations related to compliance with the new obligations set forth in the regulations of the Brazilian Civil Rights Framework for the Internet.

This represents an important move to expand the institutional role of the ANPD (National Data Protection Authority), which now occupies a strategic position not only in matters related to the protection of personal data, but also in debates related to digital governance and the responsibility of platforms.

The ANPD's actions may involve:

• Definition of regulatory procedures;
• monitoring of digital practices;
• Monitoring of risk mitigation measures;
• initiation of administrative proceedings;
• application of administrative sanctions.

Strengthening the ANPD's regulatory framework brings the Brazilian model closer to international experiences that have been expanding the powers of digital authorities to supervise large technology platforms.

Technical Rules and Record Keeping

Decree No. 12,975 also promotes technical adjustments related to the storage of connection records and user identification.

Among the points addressed, the text reinforces the need to preserve technical elements capable of allowing unequivocal identification of connections, including reference to the so-called "source logical gate".

The measure aims to improve investigations involving digital crimes, electronic fraud, the dissemination of illicit content, and other practices carried out through the internet.

This topic has significant practical relevance for providers and operators of technological infrastructure, especially regarding regulatory compliance and cooperation with public authorities.

Decree No. 12,976: Protection of Women in the Digital Environment

Decree No. 12,976 establishes specific guidelines for addressing violence against women in digital environments.

The regulation acknowledges that online violence has a concrete impact on the dignity, psychological integrity, freedom, and social participation of victims, requiring coordinated action between the State, digital platforms, and public protection policies.

The decree addresses situations such as:

• unauthorized disclosure of intimate content;
• cyber harassment;
• digital harassment;
• online bullying;
• humiliating exposure;
• Coordinated attacks against women in digital environments.

The text reinforces the need to build specific mechanisms for the protection of victims and the prevention of harm resulting from the abusive circulation of content.

Victim-centeredness and reduction of revictimization

Among the principles outlined in the decree is the centrality of the victim in policies to combat digital violence.

The regulation stipulates that measures adopted by authorities and platforms must consider:

• adequate reception;
• protection of the victim's dignity;
• prevention of revictimization;
• Guaranteeing easy access to reporting mechanisms;
• A swift response in situations of abusive exposure.

The decree also acknowledges that the speed at which digital content spreads can exponentially amplify the harm caused to victims, justifying faster and more coordinated measures.

Rapid Response in Cases of Disclosure of Intimate Content

Decree No. 12,976 reinforces mechanisms aimed at the swift removal of intimate content disclosed without authorization.

Although the Brazilian Internet Bill of Rights already provided for specific scenarios related to the removal of this type of material, the new decree expands operational guidelines to strengthen the protection of victims.

The platforms are now being encouraged to:

• Provide accessible reporting channels;
• to facilitate the reporting of violations;
• to expedite the analysis of cases involving intimate exposure;
• Adopt preventive mechanisms to avoid recirculation of the content.

This measure directly addresses contemporary discussions about gender-based violence in digital environments and technological responsibility.

Preventive Duties of Digital Platforms

In addition to reactive measures, the decree also emphasizes the need for platforms to adopt preventive measures.

This includes:

• Development of internal policies to combat digital violence;
• Creating accessible tools for users;
• Improving reporting flows;
• Training of teams responsible for moderation;
• building mechanisms aimed at protecting vulnerable groups.

The goal is to reduce the exclusive reliance on responses after the damage has been done, encouraging more preventative models of digital governance.

Legal and Regulatory Impacts

Decrees No. 12,975 and No. 12,976 reinforce a regulatory trend that is becoming increasingly evident in Brazil: the expansion of the responsibility of digital platforms and the strengthening of governance in the online environment. The new rules should require companies to review moderation policies, transparency mechanisms, digital compliance structures, and technological risk management strategies.

At the same time, these measures should intensify relevant legal debates about freedom of expression, the limits of private moderation, algorithmic transparency, and the scope of the State's regulatory power over the digital environment. This topic is already generating discussions in the National Congress and in different sectors of civil society.

Regardless of the legal and political developments, the Brazilian digital regulatory landscape is undergoing an accelerated process of transformation, requiring companies to constantly adapt, strengthen technological governance practices, and pay greater attention to obligations related to the protection of rights in the online environment.

Article written by: Leonardo Neri and Nicoly Crepaldi.

References:

• BRAZIL. Presidency of the Republic. Decree No. 12,975, of May 20, 2026. Amends Decree No. 8,771, of May 11, 2016, which regulates Law No. 12,965, of April 23, 2014. Brasília, DF: Presidency of the Republic, 2026.
• BRAZIL. Presidency of the Republic. Decree No. 12,976, of May 20, 2026. Establishes guidelines for the protection of women on the internet and for addressing violence against women in the digital environment. Brasília, DF: Presidency of the Republic, 2026.
• BRAZIL. Civil House. The Brazilian government has published decrees updating the rules of the Brazilian Internet Bill of Rights and strengthening protections for women in the digital environment..
• NATIONAL DATA PROTECTION AUTHORITY (ANPD). Note from the ANPD (National Data Protection Authority) regarding the decrees that regulate the Brazilian Civil Rights Framework for the Internet..