Lula Signs Decrees That Make Platforms Responsible for Removing Illegal Content

Overview

• President Luiz Inácio Lula da Silva signed the decrees at the Palácio do Planalto on Wednesday, May 20, 2026, translating a prior Supreme Court interpretation into specific legal duties for digital platforms.
• One decree targets protection of women online by requiring easy complaint channels, rapid removal of intimate images including AI-generated nudes, a ban on offering AI tools that create pornographic nudes, and algorithm adjustments to curb coordinated attacks.
• Platforms must remove criminal content immediately after notice, block ads linked to scams, preserve publication data for investigations, and submit periodic reports to the Autoridade Nacional de Proteção de Dados (ANPD), which is now the supervising authority.
• The decrees set operational deadlines, including a 60-day window for measures tied to protecting women and, in some cases, a two-hour target for taking down intimate content, but the government has not yet specified any new sanctioning regime beyond existing Marco Civil penalties.
• The rules implement the June 2025 STF shift on platform liability and will push technical and legal changes by tech companies while raising questions about cross-border data, automated removals, and safeguards for protected speech such as satire and religious expression.