Brazil is set to implement sweeping digital reforms to enforce new online protections and safeguard children’s rights in online environments.

On Friday 19 September, President Luiz Inácio ‘Lula’ da Silva signed off on the federal approval of the “Estatuto da Criança e do Adolescente Digital” (ECA Digital) – the new Statute for Children and Adolescents in the Digital Era.

The statute is due to be fully implemented by 30 March 2026, applying to all digital businesses and services in Brazil, including operators licensed under the Bets regime for online gambling. Alongside the statute, new laws will impose wide-ranging obligations on platforms, websites and businesses offering or promoting adult material.

As the core obligation, the ECA states that “self-declaration of the user will no longer be acceptable as proof of age, with online businesses required to adopt reliable verification methods.” 

From 2026 onwards, the government will permit only “auditable processes” for online verification, such as uploading a CPF number, national identity card or driver’s licence cross-checked with official databases. 

Other measures include biometric tools like facial recognition and live-verified checks to confirm that the individual matches the identification provided.

Brazil has become the first country in South America to implement specific online protections for children under the age of 18, aligning its framework with recent policies in other nations like the UK’s Online Safety Act and Australia’s Online Safety Bill.

The ECA defines adult material or restricted content as encompassing pornography and sexual exploitation, including explicit sexual material, sex work services, grooming and the exploitation of minors. It further covers violence and graphic content, such as depictions of cruelty, abuse, torture or extreme violence. 

Specific content relating to drugs and controlled substances, including the promotion, sale or encouragement of narcotics and associated paraphernalia, is also included.

Gambling and betting services, such as online casinos, sports betting and lotteries not authorised for minors, are explicitly restricted. Finally, the statute prohibits content that incites or glorifies self-harm and suicide, including eating disorders or other harmful practices.

Oversight will be shared between the three bodies of the National Data Protection Authority (ANPD), the Ministry of Justice and Public Security, and child protection councils across Brazil’s states. 

Penalties for non-compliance are severe, with companies facing fines of up to 50m reais (approximately €9m) or 10% of their annual revenues in Brazil, as well as possible suspensions or bans.

Bets must think of the children 

For the gambling sector, the ECA Digital represents a significant compliance challenge at a time when Brazil is pressing ahead with settling on the final regulatory conditions to govern online gambling licences and services under the Bets regime.

Gambling is explicitly classified as restricted content, requiring licensed operators to adopt robust age-verification systems and embed parental safeguards directly into their platforms. 

Regulators will be responsible for ensuring that no minors are able to engage with gambling services and that operators meet the highest standards of digital responsibility.

Advertising sensitivities 

The Statute of Child Protections must also be taken into account by the Senate and Congress in ongoing deliberations over whether to introduce a dedicated advertising law for the Bets regime. 

Concerns and anxieties persist around the scale and high visibility of gambling advertising across all Brazilian media platforms and services. 

As stands under Bill 2,985/2023, the use of active athletes, social media influencers and artists in gambling campaigns is prohibited, with only former athletes who have been retired for at least five years permitted to participate in campaigns. 

Two further bills have been submitted to the Senate. Representative Luiz Carlos Hauly has proposed a blanket ban on gambling advertising across all mediums, with penalties including fines of up to 50m reais, suspension of domains and apps, and the revocation of licences. 

Meanwhile, Senator Humberto Costa has tabled a separate bill seeking to impose stricter controls, restricting campaigns to audiences over 21 and limiting the extent of gambling advertising during sports broadcasts. Costa’s bill will further require direct monitoring and sign-off of online campaigns. 

Lula: Brazil takes lead in child protections 

As the first Latin American country to implement a specific statute, Human Rights Watch hailed the reforms as a landmark moment, with Hye Jung Han, Children’s Rights and Technology Researcher at HRW, stating: 

“Brazil has stepped forward as the first country in Latin America to pass a dedicated law to protect children’s online privacy and safety. This is a significant advancement and should encourage other governments to act swiftly to strengthen digital protections for children.”

President Lula said the law would provide parents with “effective tools to shield children from online risks, while ensuring technology companies respect the rights of the most vulnerable.”

The Secretariat of Prizes and Betting (SPA) is now expected to present detailed technical guidance to help licensed operators under the Bets regime adopt the new child protection measures in line with the ECA Digital.