Brazil Banned Addictive Design. The Crucial Regulatory Choices Are Still Ahead

11 hours ago

Brazil has enacted Decree 12,880/2026, implementing the ECA Digital, which bans specific addictive design features like infinite scroll and autoplay, with penalties up to 10% of a company's Brazilian revenue.
The law applies broadly to all information-technology products or services accessible to minors, including social networks, apps, games, and AI interfaces, raising questions about its scope and enforcement.
Key regulatory choices for the ANPD include determining coverage (e.g., whether bans apply to main platform versions or only teen accounts) and enforcement approach (prohibition-by-prohibition vs. systemic oversight).
The ANPD may consider sectoral codes of conduct due to the heterogeneity of services covered, from major platforms to niche apps and AI, where gamification is often core to the product.
A systemic enforcement approach could integrate addictive-design prohibitions with other ECA Digital obligations, potentially better capturing interactive harms, especially for large platforms.
Brazil's framework offers a unique model, with centralized authority and codified prohibitions, positioning the country to lead internationally in addictive-design regulation.

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