Court orders Meta to require license for commercial profiles of children on Instagram and Facebook
The technology company responsible for some of the largest social networks in the world signed a legal commitment with Brazilian authorities to regulate the presence of minors on its platforms. The agreement, approved by Justiça of Trabalho in São Paulo, establishes strict guidelines against the exploitation of artistic child labor in the digital environment. Based on this determination, profiles that use children and adolescents as protagonists of materials for commercial purposes will need official authorization issued by a judge to continue operating regularly.
The measure directly affects the functioning of active accounts on Instagram, Facebook and Threads within the national territory. The initiative is the result of a joint action between Ministério Público of Trabalho and Ministério Público of Estado of São Paulo, who seek to adapt current legislation to the new realities of the content creator economy. The central objective is to ensure that the physical, psychological and social development of minors is not harmed by excessive exposure or pressure associated with the production of profitable material on the internet.
To ensure compliance with the new rules, the technology corporation has committed to taking an active stance in identifying accounts that fit the child monetization criteria. The platform will not only rely on user reports, but will use its own internal systems to map profiles with a large reach and frequent activity that have minors as their main focus. Essa initial scan will serve as the basis for official notifications that will be sent to page administrators.
Those legally responsible for the identified accounts will go through a rigorous document verification process. The requirement for a court license transfers to Estado the responsibility for evaluating whether the routine of recording, editing and publishing videos and photos is compatible with the child’s school routine and leisure. Caso the document is not presented within the deadlines stipulated in the agreement, the platform has a legal obligation to restrict access and visibility of the profile on Brasil, interrupting any possibility of irregular financial gain.
Criteria for defining artistic child labor
The document approved by Justiça defines artistic child labor in the digital environment as any content production carried out before the legal minimum age that has advertising or paid entertainment intent. Isso encompasses paid partnerships, receiving products in exchange for advertising and direct monetization generated by views and engagement on social media. The characterization does not depend on a formal employment contract, focusing on the economic potential of the activity carried out by the minor.
In addition to the documentary requirement, the agreement strictly prohibits any type of content that causes harm to the individual’s training. Estão publications involving early eroticization, adultization of behavior, promotion of gambling, presence of alcoholic beverages or any form of sexual exploitation are prohibited. Violation of these specific rules may result in more severe sanctions, regardless of the presentation of prior judicial authorizations.
Deadlines established for document regularization
The implementation of punitive measures will follow a strict schedule to ensure that those responsible have enough time to seek regularization. Após the identification of an irregular profile by the platform, administrators will receive an official notification requiring the presentation of the court license. From the moment of receiving this notice, guardians will have a maximum period of twenty calendar days to send supporting documentation through the social network’s internal channels.
If the initial period expires without the valid document being attached to the system, the technology company will begin the account restriction phase. The platform will have up to ten additional days to completely block the profile in Brazilian territory. Durante this period, the account will lose its reach and monetization capacity, becoming inaccessible to the local public until the legal situation is properly resolved before the competent authorities.
The agreement also provides for appeal mechanisms for exceptional cases or identification errors. Administrators may contest the notification if they prove that the account does not have commercial purposes or that the minor is not the protagonist of the publications. The analysis of these challenges will be carried out by specialized teams, ensuring that family profiles with no intention of profit are not unduly penalized by the new moderation policies.
Proactive tracking and semi-annual audits
The backbone of the agreement lies in the platform’s obligation to carry out active searches for irregular content, changing the paradigm from reactive moderation to a preventive approach. The company will develop and improve internal processes capable of detecting faces and behaviors of minors in accounts with a high volume of followers and engagement. Essa scanning technology will be calibrated to focus primarily on profiles that demonstrate clear commercial activity.
To ensure transparency and effectiveness of monitoring, mandatory verification cycles have been established. Full audits will take place twice a year, specifically in the months of May and November. During these periods, the platform will comb through its Brazilian database to identify new accounts that have grown and started to monetize children’s content without due judicial authorization.
The results of these biannual checks must be documented and archived by the technology company. Esses detailed records will serve for external audit purposes, allowing Brazilian authorities to assess whether the platform is fulfilling its part of the agreement. Maintaining this history is essential to measure the reduction in irregular exposure of minors over time.
In parallel to automatic scans, Ministério Público will maintain an active role in daily surveillance. Prosecutors will be able to forward lists of suspicious profiles found during independent investigations directly to the company. Essas accounts indicated by authorities will receive top priority in the platform’s analysis queue, speeding up the notification process and eventual blocking.
Legal basis based on full protection
The decision handed down by the 7th Vara of Trabalho of São Paulo consolidates the understanding that the digital environment is not an exempt zone from labor and child protection laws. The approval reinforces the direct application of Estatuto, Criança and Justiça recognizes that overexposure on the internet, when linked to engagement goals and advertising contracts, constitutes a working relationship that requires supervision by Estado.
The license requirement is not intended to prohibit children from participating on the internet, but rather to create a security filter against abuse. The judge responsible for issuing the document will evaluate factors such as the workload dedicated to recording videos, the destination of the financial resources raised and the psychological impact of early fame. Essa prior assessment aims to prevent legal guardians from using minors as the family’s main source of income to the detriment of the fundamental right to education and healthy development.
Separation between recreational use and profitable activity
One of the most sensitive points of the new regulation is the clear differentiation between the sharing of family moments and the commercial exploitation of images. The agreement establishes that personal accounts, run by parents who post photos and videos of their children without any type of sponsorship, paid partnership or intention to build a monetizable audience, remain outside the main scope of the punishments. The measure specifically targets the creator economy, where a child’s image is treated as a financial asset capable of attracting brands and generating direct revenue for profile administrators. The platform will use indicators such as the presence of affiliate links, tagging of business partners and volume of views to separate ordinary users from professional influencers, ensuring that the application of the rule is targeted at cases of real economic potential and massive exposure.
Priority communication with supervisory bodies
To ensure the necessary agility in protecting minors, the agreement established a direct and exclusive communication channel between representatives of Ministério Público and the social network’s moderation team. Essa quick contact route allows serious complaints to be processed and resolved in record time, bypassing conventional service queues intended for the general public.
