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Brazil Seeks Public Comment on Draft Guidance for New Digital Law

BRASILIA, Brazil — Brazil’s data protection regulator has opened the door for public input as it works to refine how a new law affecting online content — including adult websites — will be applied in practice.

The National Data Protection Authority (ANPD) said it is accepting comments on the Digital Statute for Children and Adolescents (Digital ECA), a measure that requires age verification for users accessing adult content from within Brazil.

The consultation period began Thursday and is scheduled to run through June 15. ANPD described the effort as “an opportunity to promote a collaborative and transparent process, allowing experts, public sector entities, civil society organizations, and citizens to contribute to the improvement of regulatory practices.”

At the center of the process is a guidance document still being developed. The goal is to define how the law should be interpreted and what it requires from companies offering digital services — including adult content platforms — under legislation signed in March by President Luiz Inácio Lula da Silva.

Under the statute, providers must implement age verification measures that go beyond simple self-declaration. The requirement applies regardless of where a platform is based, as long as it serves users in Brazil. The ANPD has outlined initial expectations for compliance and indicated that enforcement will roll out in phases, with the current consultation forming part of the first stage.

The agency said the final guidance is expected to clarify who falls under the law, how obligations such as prevention, protection, information, and security should be understood, and how key definitions — including “supplier of information technology products or services directed at or likely to be accessed by children and adolescents” and “service providers with editorial control” — should be interpreted.

“The Guide aims to provide greater predictability and legal certainty to the application of the law … It seeks to provide transparent guidance and directives for companies and stakeholders, as well as to establish understandings and best practices that can assist in the implementation process of the new regulations,” the ANPD said in a statement.

The agency also noted that a draft version of the guidance is already available through its consultation platform.

Participants who want to submit comments or questions can do so through that portal. Those accessing it from outside Brazil are required to provide passport information.

About thewaronporn

The War on Porn was created because of the long standing assault on free speech in the form of sexual expression that is porn and adult content.

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