Recent reports of social media account suspensions and the introduction of new judicial authorization requirements governing the participation of children and adolescents in digital content have taken many companies, influencers, and content creators by surprise.
This movement gained momentum following an agreement entered into by the Brazilian Public Labor Prosecutor's Office (Ministério Público do Trabalho), the São Paulo State Prosecutor's Office (Ministério Público do Estado de São Paulo), and Meta — the operator of Facebook and Instagram — to combat the unlawful exploitation of child artistic labor and other forms of exploitation of children and adolescents in digital environments. Although public attention has largely focused on so-called "child influencers," the effects of the new regulatory framework may extend far beyond that group, affecting a much broader range of companies that feature children and adolescents in their digital marketing strategies.
This raises one of the most significant practical questions following the enactment of the so-called Digital Child and Adolescent Statute (Law No. 15,211/2025): do companies that use children in social media advertising campaigns also need prior judicial authorization? At first glance, one might assume that the new rules apply only to influencer accounts. In reality, however, the issue is considerably broader.
Across virtually every industry, companies increasingly rely on social media as their primary channel for promoting products and services. As a result, advertising campaigns frequently feature children and adolescents, particularly in sectors targeting younger audiences, such as clothing, toys, education, healthcare, entertainment, and leisure.
For many years, this practice was viewed as a legitimate marketing and communication strategy. With the recent regulatory changes, however, new legal questions have emerged. At what point does a child's participation in digital content qualify as artistic or advertising work? Under what circumstances may the repeated use of a child's image in commercial campaigns require prior judicial authorization?
In practice, the new regulatory framework shifts the focus beyond traditional media such as television, film, and conventional advertising to include digital platforms. Although each case must be assessed individually, certain factors tend to indicate that the regulations may apply, including: the repeated use of a child's image; the commercial or advertising purpose of the content; the existence of direct or indirect economic gain; and the child's participation as a significant element of the company's communication strategy. In these circumstances, obtaining judicial authorization becomes an important component of the legal planning process.
It is important to note that parental or guardian consent remains essential from a contractual perspective and for protecting the child's personality rights, including image rights. However, where judicial authorization is legally required, parental consent alone is insufficient and cannot replace the court order issued by the Juvenile Court (Juízo da Infância e da Juventude). These are distinct legal instruments designed to protect equally important interests.
Nevertheless, judicial authorization represents only part of the compliance process. Experience shows that focusing exclusively on obtaining a court order may create a false perception of legal compliance, while several additional issues require careful attention. These include establishing internal criteria governing the use of children's images, safeguarding privacy and intimacy, reviewing advertising practices directed at children, ensuring compliance with personal data protection laws; controlling the storage and subsequent reuse of photographs and videos, and maintaining appropriate records of authorizations and agreements executed with parents or legal guardians.
In other words, the challenge is not merely obtaining judicial authorization but developing a governance framework capable of ensuring that children's exposure occurs in an ethical, proportionate, and legally compliant manner.
Ultimately, there is little doubt that the Digital Child and Adolescent Statute reflects a significant shift in the role of lawyers advising companies operating in digital environments. Legal counsel is now expected to do far beyond determining whether judicial authorization is required in a particular case. Instead, legal advice increasingly demands a multidisciplinary approach encompassing children's rights, digital law, data protection, image rights, advertising law, and corporate governance.
Against this backdrop, companies can benefit from implementing internal compliance programs specifically addressing the use of children's images. Such programs may include image protection policies, procedures governing advertising campaigns, contractual review mechanisms, risk assessments, and internal approval processes for new marketing initiatives.
This preventive approach not only reduces legal exposure but also demonstrates a genuine commitment to the principle of the best interests of the child, which underpins the entire regulatory framework.
