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WhatsApp, the messaging service owned by Meta, will have to allow virtual assistants powered by AI, known as AI chatbots, to operate on its platform again following a ruling by Brazil’s antitrust authority. In a session held Wednesday (4), the authority’s board reinstated a preliminary measure issued by its technical staff blocking the enforcement of new AI-related terms of service.
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The company will have five days from the publication of the ruling in Brazil’s official gazette to comply with the unanimous decision. In a statement, the company said that in countries where it is legally required to allow AI chatbots through WhatsApp, it will update its terms and pricing model to continue supporting those services.
In January, after updating its terms, WhatsApp changed the rules for AI providers on the WhatsApp Business platform, for example, prohibiting the operation of chatbots. These are AI-based software systems that function as virtual assistants. During the antitrust authority’s session, the company argued that the volume of messages generated by these providers was causing service slowdowns, which was the reason for the change. AI providers, however, argued that WhatsApp’s move was an attempt to prioritize Meta’s own AI tools. That complaint triggered the investigation.
In the probe, the authority’s General Superintendence—its investigative arm—issued a preliminary order earlier this year suspending the new AI-related terms. Because the company had previously obtained a court injunction, the new rules took effect temporarily. But the injunction was revoked on Monday (2). With the board’s ruling in line with the company’s, the company will now update its terms.
The board is currently ruling only on the preliminary measure. The investigation itself remains ongoing. The case’s rapporteur, board member Carlos Jacques, said the administrative inquiry is “in full evidence-gathering stage” within the technical department, which is expected to request information from other market players on the matter.
“At the moment of this ruling, the new terms are being applied,” Jacques said. He therefore stressed that Meta must ensure mechanisms allowing previously excluded chatbots to resume operations on WhatsApp. The terms of service must be suspended and cannot be enforced until a final decision is reached in the antitrust case.
“It is possible to state with certainty that there are indications of a violation of economic order,” Jacques said in his vote supporting the preliminary measure. The rapporteur noted that WhatsApp holds a significant position in Brazil’s messaging market and that the new terms effectively closed a market previously used by competitors to Meta’s AI tools.
In Italy, the same terms have already been subject to a preliminary suspension. At the end of the investigation, the authority may decide to either open a formal administrative case or close the probe.
The change to WhatsApp’s rules was announced in October 2025 along with updated terms of service for the platform. In Brazil, the investigation was started after complaints filed by Factoría Elcano, which develops the AI assistant Luzia, and Brainlogic, the company behind the Zapia platform.
During Wednesday’s session (4), the president of the board, Gustavo Augusto, said the case sets a precedent involving artificial intelligence within the authority. He also mentioned that the company would need to provide evidence for its claims regarding security and system stability. “It is a decision concerning Meta’s own system security. The company can discuss with the investigative arm how to set objective limits for the service in order to maintain system stability, such as a maximum number of messages or response time,” he said.
When the platform’s terms of service were first introduced in 2018, they did not anticipate the use of artificial intelligence, WhatsApp lawyer Marcela Matiuzzo of the VMCA law firm said during the session. With the emergence of new technologies, some companies started using messaging in ways not originally expected by the platform, incorporating AI-powered chatbots rather than mainly using the service for customer support.
This article was translated from Valor Econômico using an artificial intelligence tool under the supervision of the Valor International editorial team to ensure accuracy, clarity, and adherence to our editorial standards. Read our Editorial Principles.