The controlling company of Facebook, Instagram and Threads entered into an unprecedented legal commitment with Ministério Público of Trabalho and Ministério Público of The measure’s main focus is to combat irregular artistic child labor, establishing strict guidelines for profiles that use children and adolescents as protagonists of content with a commercial bias. The approval of the decision took place at Justiça of Trabalho in São Paulo, marking an advance in the supervision of the digital environment.
The central point of the agreement determines that those legally responsible for these profiles must present a court license to continue operating monetized accounts or those with profit potential. Essa requirement transfers to the virtual environment the same rules already applied to child actors on television and in theater. The absence of this supporting documentation will result in severe sanctions applied directly by social networks.
Inspection will occur on an ongoing basis, with the platform taking responsibility for proactively identifying accounts that meet these criteria. Once notified, profile administrators will have specific deadlines to regularize the situation before the Brazilian Justiça. Caso the determination is ignored, access to the profile will be suspended throughout the national territory.
Criteria for identifying digital child labor
The document approved by Justiça defines artistic child labor in the digital environment as any content production carried out by individuals below the legal minimum age, as long as there is a clear intention of financial gain, advertising or brand promotion. Essa classificação abrange vídeos, fotos e transmissões ao vivo onde o menor atua como o principal atrativo para o engajamento do público, gerando receita direta por meio de parcerias pagas, recebimento de produtos ou monetização nativa das próprias plataformas. The measure aims to separate the mere everyday family record from the systematic economic exploitation of children’s images.
In addition to the documentary requirement, the agreement establishes absolute prohibitions for certain types of content, regardless of the presentation of a permit. Fica strictly prohibits the dissemination of materials that expose minors to situations of premature eroticization, adultization, consumption or presence of alcoholic beverages, as well as the promotion of gambling and virtual betting. Essas restrições foram elaboradas com base em estudos psicológicos e diretrizes legais que apontam os graves prejuízos ao desenvolvimento físico, psíquico, moral e social de crianças submetidas a esse tipo de exposição prolongada e inadequada na internet.
Strict deadlines and blocking of irregular accounts
The implementation of the new rules brings a strict schedule for content creators who already work on social media. From the moment the platform identifies a profile with child protagonism and commercial potential, legal guardians receive an official notification demanding proof of regularity.
The deadline granted for the presentation of the judicial permit issued by the competent authority is exactly twenty calendar days. Durante During this period, the account remains active, allowing parents or guardians to seek the necessary documentation from Poder Judiciário or present the documents if they already have them.
If the document is not attached to the company’s system within the established limit, a countdown begins for the application of the maximum penalty provided for in the agreement. The platform will have an additional period of ten days to completely block the account, preventing new publications and public access.
The access restriction will be applied exclusively in Brazilian territory, respecting the jurisdictional limits of the decision. Perfis Strictly personal, non-profit, paid partnerships or high volume followers with a commercial bias will not be the primary target of this suspension policy.
Inspection mechanisms adopted by the company
To ensure compliance with the agreement, the technology giant committed to developing and improving its proactive detection algorithms. Esses automated systems will constantly scan to locate profiles where children and teenagers appear prominently, crossing engagement data and brand mentions.
The most in-depth and detailed checks will take place in a standardized manner twice a year, specifically in the months of May and November. Nesses periods, the company will carry out internal audits to ensure that high-reach accounts are operating within the legality required by Brazilian Justiça.
The priority focus of these scans will be on profiles that have a large volume of followers, a high level of engagement and intense recent activity. Essa strategy aims to optimize moderation resources, first reaching cases of greatest exposure and financial profitability.
The joint action of protection bodies
The agreement establishes a direct line of communication between public authorities and the administration of social networks. Ministério Público of Trabalho and Ministério Público of São Paulo may forward lists of suspicious profiles directly to the company’s moderation team.
This institutional collaboration ensures that complaints received by protection bodies are analyzed with the highest priority. The platform will maintain exclusive channels for receiving this additional information, speeding up the notification process and eventual blocking of irregular accounts.
The legal support of Estatuto, Criança and Adolescente
The decision handed down by the judge of the 7th Vara of Trabalho of São Paulo represents a milestone in national jurisprudence by adapting the protections of Estatuto, Historicamente, a legislação trabalhista brasileira exige autorização prévia de um juiz para que menores de dezesseis anos possam participar de espetáculos públicos, novelas, filmes ou peças teatrais, garantindo que a carga horária e o ambiente não interfiram no rendimento escolar e no desenvolvimento saudável do indivíduo. With the rise of social networks, a legal loophole allowed thousands of children to start working daily producing sponsored videos and photos in their own homes, often without any limit on working hours or state supervision. The approval of this agreement corrects this distortion, recognizing that the monetization of children’s profiles constitutes an artistic work relationship that demands the same vigilance applied to traditional media, protecting minors from unbridled economic exploitation and ensuring that the profits obtained are reverted to their own benefit, as determined by law.
Direct impact on the economy of content creators
The new requirement drastically changes the business model of influencer marketing agencies and families that manage the careers of child influencers. The need for a court license requires the formalization of these activities, requiring the hiring of lawyers and accountability for the child’s routine.
Brands and advertisers will also need to review their advertising contracts, requiring proof of regularity before closing partnerships. Essa change transfers responsibility for the entire production chain, inhibiting the hiring of profiles that operate outside Brazilian labor legislation.
Transparency and continuous audit
As part of the obligations assumed, the technology company must keep a detailed record of all checks carried out, notifications sent and accounts blocked. Esse database will serve for future audit purposes, allowing Justiça and Ministério Público to evaluate the effectiveness of the measures implemented and the actual compliance with the agreement over the coming years.