Brazil: Adopted CONANDA Resolution No. 245 Providing for the Rights of Children and Adolescents in a Digital Environment including Content Moderation Requirements

On 5 April 2024, Resolution No. 245 Providing for the Rights of Children and Adolescents in a Digital Environment was adopted by the National Council for the Rights of Children and Adolescents (CONANDA). This Resolution requires companies providing digital products and services used by children and adolescents to implement content moderation measures to prevent access to harmful or inappropriate content. Companies are required to preventively identify risks to children posed by the dissemination of harmful and illegal content, the removal of which must be prioritised by such companies above technical or economical considerations. These measures must be compatible with the right to freedom of expression and access to information while prioritising the protection of children and adolescents. Additionally, companies must establish mechanisms for reporting violations and must promptly remove illegal or harmful content once verified, regardless of a court order. Users are entitled to due process of moderation, including notification and the right to clarification and review, ensuring transparency and accountability in the moderation process. The Resolution enters into effect on 9 April 2024.