The administration of President Luiz Inácio Lula da Silva is discussing a potential ordinance that would require big technology companies to make information about the advertisements they sell on their platforms more transparent. Currently, Brazil only imposes transparency obligations on digital advertising for firms that permit paid political propaganda, a rule derived from the Superior Electoral Court (TSE). In the ongoing election cycle, only Meta and Kwai offer such services.
According to reporting by Folha de S.Paulo, government officials have met with representatives from the tech sector and related organizations to debate the scope of the proposed rule. Points still under negotiation include which specific data points platforms would need to disclose and how much of that information would be publicly accessible.
If enacted, the regulation would apply to advertising of any subject, not just political content. Supporters argue that it would create another avenue to monitor platforms that claim they do not allow boosting of political material, helping to verify whether such bans are actually enforced. The primary goal cited by government participants is to combat and investigate fraud and scams carried out through ads on social networks.
A May 2026 decree, based on a Supreme Federal Court (STF) ruling regarding the Marco Civil da Internet, already obliges companies to retain advertisement data for one year but leaves the mechanics of access for oversight to future regulation. Interlocutors suggest that the most basic data that could be made public include the advertisement itself and the entity that paid for it, while more sensitive details—such as the amount spent—might be treated as commercial or industrial secrets. An alternative under discussion would allow authorities to request sensitive data while keeping broader access limited.
Academics and researchers have long advocated for greater transparency to enable independent analysis. A July TSE ordinance hinted that the electoral court could demand data on all advertisements aired during election periods, even from platforms that do not offer political advertising services, citing the government’s decree as a legal basis.
In 2024, the TSE made it mandatory for platforms to maintain searchable libraries of political advertisements, intending to let observers track content, spending, payers, and audience profiling in real time. Under that rule, Meta remained the sole provider of political ad services after Google withdrew, while Kwai entered the market for the current election.
The STF, in its review of the Marco Civil da Internet, affirmed new duties for platforms and a stricter liability regime for advertising. After the government’s May decree, business groups warned of legal uncertainty, and opposition lawmakers introduced bills to annul the measure. The STF, while urging Congress to legislate on the topic, recognized the executive’s authority to regulate the issue within its constitutional competence.
A NetLab report from the Federal University of Rio de Janeiro, produced in partnership with the University of Cambridge, highlights a disparity in data access between Brazil and jurisdictions like the United Kingdom and the European Union. The study notes that TikTok and X (formerly Twitter) do not provide ad libraries in Brazil despite offering them elsewhere. It also stresses that mere availability of data is insufficient; researchers must be able to extract and analyze the information effectively. Even Google’s Ads Transparency Center faces limitations, requiring users to search by advertiser rather than allowing a browse-all or keyword search across active advertisements.