Digital Law & Creator Economy
Platform law, content moderation, and creator monetization in Brazil.
Digital law and creator economy law governs the relationship between creators, platforms, brands, and consumers in online environments. Hosaki Advogados assists foreign founders, creators, and brands navigating Brazil's Marco Civil da Internet (Brazilian Internet Framework), platform liability rules, content moderation, and creator monetization structures.
Frequently asked questions
Am I liable for what my followers comment on my posts in Brazil?
Generally, no. Brazil's Marco Civil da Internet (Law No. 12,965/2014) establishes that application providers — including creators operating profiles on platforms — are not liable for third-party content unless, after a specific court order, they fail to make the content unavailable. Liability tends to increase when the creator actively moderates comments, pins or highlights third-party content, or operates the profile as a community with its own rules. Case-by-case analysis is needed to assess the actual level of exposure.
Can I be sued in Brazil for something I said in a video or podcast?
Yes. Statements in videos and podcasts can give rise to civil liability for moral and material damages if they constitute defamation, slander, insult, or misleading statements to consumers. Brazil's Civil Code, Criminal Code, and Consumer Protection Code (CDC) may apply concurrently depending on the content. Claims about third parties, comparisons with competitors, promises of results, and implicit product endorsements are the highest-risk areas. Keeping source records for all published information is a relevant preventive measure.
What are a platform's obligations when it removes my content without notice in Brazil?
Brazil's Marco Civil da Internet and each platform's own policies govern content removal. Platforms generally have a contractual right to moderate and remove content based on their terms of service, meaning that removal alone may not constitute an unlawful act. However, arbitrary, discriminatory, or disproportionately harmful removal can create platform liability — especially where it constitutes a breach of contract or violation of a legitimate expectation the platform itself created. The preferred path begins with the platform's internal appeals process, followed by formal extrajudicial notice, and if necessary, legal action.
Are creators required to disclose paid partnerships and sponsored content in Brazil?
Yes. Brazil's CONAR (National Advertising Self-Regulation Council) and SENACON (National Consumer Secretariat) require that paid advertising be clearly identified regardless of format — post, stories, video, or podcast. Brazil's Consumer Protection Code (CDC) also prohibits hidden and misleading advertising. Failure to disclose may result in CONAR warnings, PROCON enforcement actions, and in higher-profile cases, CADE investigations or consumer lawsuits. SENACON has issued specific guidelines for influencer marketing that should be monitored regularly.
What are my legal options if a platform closes my account without warning in Brazil?
Abrupt account termination may constitute unilateral termination of a service contract without cause, particularly when the creator has established significant audience and revenue through the platform. Legal consequences depend on the accepted terms of service and the platform's jurisdiction. In Brazil, the CDC may apply when the creator is a consumer of the platform's service. Available measures include a formal extrajudicial notice demanding justification, a reactivation request through the internal process, and a lawsuit for material and moral damages if the termination was arbitrary. Prior documentation of the account, monetization contracts, and revenue history is essential.
Can a foreign creator or brand negotiate monetization terms beyond a platform's standard rates in Brazil?
It depends on the creator's scale and negotiating leverage relative to the platform. Large platforms typically offer standard contracts for most creators but maintain partnership programs with negotiable terms for high-volume or strategically important accounts. For creators with relevant audiences, it may be possible to negotiate special revenue-share conditions, temporary exclusivity, organic exposure, co-marketing, and early access to features. A careful review of current terms and identification of leverage points is the starting point for any negotiation.
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