Mar 5 • 14:08 UTC 🇧🇷 Brazil Folha (PT)

Digital ECA: Parents will need judicial authorization to monetize content with children on social networks

Brazil has enacted a new decree requiring parents to obtain judicial authorization before monetizing content featuring their children on social media.

Brazil's Digital Child and Adolescent Statute (ECA Digital) introduces a significant regulation stating that parents or guardians must secure prior judicial authorization to monetize or promote content featuring children and adolescents. This requirement not only applies to content explicitly created for monetization but also encompasses any recurring portrayal of minors, even if produced or shared by their parents or guardians themselves. Failure to present this judicial authorization will result in immediate suspension of monetization or promotion by platforms.

The decree is part of a broader effort to enhance the protection of children and adolescents in the digital environment, a growing concern highlighted by recent incidents involving minors being exploited online. The provisions outlined in the draft decree were initially proposed in the legislative process in 2022, but gained renewed momentum following the viral nature of specific cases that underscored the need for stricter controls. This legislation reflects Brazil's commitment to safeguarding its youth in an increasingly digital world.

The implementation of this rule, set to commence on March 17, aims to create a safer online environment for minors, ensuring that their images and personal information are not exploited without proper oversight. While the decree's final text is yet to be published and could undergo changes, its introduction marks a pivotal step in the ongoing conversation about child protection in the digital age, opening discussions about ethical content sharing and the responsibilities of parents and digital platforms alike.

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