BRAZIL LAW AND PRACTICE Contributed by: Ricardo Barretto Ferreira da Silva, Ingrid Bandeira Santos, Sylvia Werdmüller von Elgg Roberto and Isabella da Penha Lopes, Azevedo Sette Advogados
10.2 Regulatory and Compliance Issues The primary regulatory bodies overseeing the use of social media in Brazil are the ANPD, ANVISA, SENACON and the CVM. Moreover, although not regulatory in nature, the judiciary has been very active in punishing non-compli - ance and suspending or banning accounts. The regulatory bodies have powers to establish penalties for inobservance of the laws and regu - lations in their respective areas. For instance, ANVISA alone has an array of regulations per - taining to the advertising of the products under their supervision, including medication, plant- based products, cosmetics, etc. There have been many recent enforcement actions in Brazil. For instance, some politicians are having their accounts suspended or banned, and social media platforms are being penalised by the ANPD for not implementing strict meas - ures to protect children and adolescents and, sometimes, for not being sufficiently transpar - ent regarding the processing of personal data. Moreover, CONAR, which is a self-regulatory body for advertisements, continually acts to ensure legal, ethical and proper advertisement.
the Civil Code, the Criminal Code, the ECA, the CDC and even industry codes of conduct such as that of the Brazilian Advertising Self-Regula - tion Council ( Conselho Nacional de Autorregula- mentação Publicitária ; CONAR), as well as rules on the marketing and publicising of products or services subject to special control by regulatory bodies like the Brazilian Health Regulatory Agen - cy ( Agência Nacional de Vigilância Sanitária ; ANVISA), the BCB and the CVM, among others. Bill 2,630/2020, which has been under discus - sion for some years, is intended to regulate social media to combat misinformation. It imposes obligations on platforms and establishes penal - ties for misconduct. Some of the most challenging areas today include the need to implement measures aimed at protecting children and adolescents in the context of social media, encompassing the ECA, LGPD and other regulations; issues with the use of AI and the lack of transparency in privacy poli - cies; and misuse of AI to deceive or manipulate, including by using deepfakes to commit fraud and obtain undue advantage.
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