Digital ECA Decree Targets Young Influencers and Manipulative Platform Practices
A new decree in Brazil expands protections for children online, targeting both content and the manipulative design of platforms affecting user behavior.
The decree regulating the so-called Digital ECA, signed by President Lula, extends protective measures for children and adolescents online. It addresses not only the content distributed but also the structural ways platforms are designed to influence user behavior. This new legislation underscores a growing recognition of the need to safeguard young internet users from potential exploitation and manipulation, especially in the context of digital media and advertising.
One of the notable aspects of the decree is the restrictions placed on digital influencers under 18 years of age, which aligns their operations with rules governing child artistic work. Specifically, the monetization of content produced by these young influencers will now require judicial authorization, creating a new layer of accountability in the burgeoning field. Guardians of these minors will have 90 days to secure the necessary documentation through the courts, marking a significant regulatory shift for influencers and their stakeholders.
Additionally, the decree introduces the notion of βmanipulative practices,β aimed at ensuring that platforms do not evade these regulations through strategic designs that exploit users, especially minors. This responsibility has been assigned to Brazil's National Data Protection Authority (ANPD), which will oversee the observance of these norms. By delineating three types of manipulative practices, the decree seeks to clarify and guide platform operations, thereby fostering a safer online environment for children and teenagers.