The Lula government published two decrees this Thursday (May 21, 2026) that enshrine in law the recent changes made by the Supreme Federal Court to the Marco Civil da Internet (Brazilian Internet Bill of Rights)
With this, the Executive Branch will directly oversee how social media platforms moderate content, creating an administrative structure that could begin operating even in the midst of an election year.
These decrees consolidate a logic of pressure on digital platforms: if they do not remove content considered illegal or problematic, they may face penalties.
What previously depended on judicial decisions now gains strength within the government itself, through the National Data Protection Authority (ANPD).
This agency, which was created solely to protect personal data, will now also regulate content moderation, advertisements, paid promotions, transparency, and even systemic risks on social networks.
Experts in electoral and digital law strongly criticize the measure.
They point out that the government expanded, by decree, the power of the ANPD without the National Congress having approved a law on the subject.
The so-called “Fake News Bill” was widely debated and rejected by parliamentarians, but the Executive Branch decided to act anyway.
One of the biggest problems is the open concept of “systemic failure.” Platforms can be punished if they fail to prevent the mass circulation of content considered illicit.
Since these illicit acts include crimes against the Democratic Rule of Law-a rather broad term subject to interpretation-there is a risk that companies will remove more content than necessary, including legal publications, to avoid fines or sanctions.
This is called “excessive blocking.”
Another decree specifically addresses violence against women online.
Although the objective is to protect women, the text also uses very broad definitions.
A wave of criticism against a politician, for example, could be framed as a cause of “psychological suffering” and be quickly removed.
Platforms are also obligated to reduce the reach of “coordinated attacks” even without prior notification from the victim.
Legal experts warn that, with Lula as a likely candidate for re-election in 2026, this oversight by a body linked to the Executive branch could unbalance public debate and interfere in the elections.
The measure comes into effect in 60 days, precisely during the most intense period of the campaign.
In short, the decrees represent an expansion of control over what circulates on social media, transferring to the government powers that previously required judicial decision or congressional approval.
Many see this as a serious risk to freedom of expression and the balance of the electoral process.
Published in 05/22/2026 16h33
Text adapted by AI (Grok) and translated via Google API in the English version. Images from public image libraries or credits in the caption.
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