In a landmark decision, Brazil's antitrust authority has directed WhatsApp, a subsidiary of Meta, to reinstate the functionality of AI-driven chatbots on its platform. This directive follows a board meeting on March 4, 2026, where a preliminary measure was reintroduced, halting the implementation of new AI-related terms of service that had previously restricted AI providers.
Meta has been given a five-day period from the announcement in Brazil's official gazette to adhere to this ruling. The company has expressed its commitment to modifying its terms and pricing structure in regions where legal obligations necessitate the inclusion of AI chatbots on WhatsApp, ensuring continued support for these services.
Earlier in the year, WhatsApp had revised its terms, imposing limitations on AI providers utilizing its Business platform by banning chatbot operations. These chatbots, which function as virtual assistants, were said to be causing service slowdowns due to high message volumes, according to WhatsApp. However, AI providers argued that this move was an attempt by WhatsApp to promote Meta's proprietary AI tools, prompting an investigation.
The investigative branch of the authority had initially issued a preliminary order to suspend the new terms, but a court injunction had temporarily permitted them. This injunction was lifted on March 2, aligning the board's decision with the company's position, necessitating an update to the terms.
While the board's current ruling addresses only the preliminary measure, the broader investigation is ongoing. Carlos Jacques, the case's rapporteur, stated that the inquiry is actively collecting evidence and will seek input from other market participants. Jacques stressed that the new terms are currently in effect, and Meta must ensure that previously excluded chatbots can resume operations on WhatsApp. The terms of service must remain suspended until a final decision is reached in the antitrust case.
Jacques also pointed out indications of a breach of economic order, noting WhatsApp's dominant position in Brazil's messaging market and how the new terms effectively excluded competitors to Meta's AI tools. Similar terms have been preliminarily suspended in Italy as well. Depending on the investigation's findings, the authority may choose to either initiate a formal administrative case or close the probe.
The changes to WhatsApp's rules were initially announced in October 2025, alongside updated terms of service. In Brazil, the investigation was launched following complaints from Factoría Elcano, developer of the AI assistant Luzia, and Brainlogic, the company behind the Zapia platform.
During the board session, President Gustavo Augusto remarked that this case sets a precedent for artificial intelligence within the authority. He also mentioned that Meta would need to substantiate its claims regarding security and system stability. "This decision pertains to Meta's system security. The company can discuss with the investigative arm to establish objective service limits to maintain system stability, such as a maximum number of messages or response time," he stated.
WhatsApp's terms of service, first introduced in 2018, did not anticipate the use of AI, according to Marcela Matiuzzo, a lawyer from the VMCA law firm representing WhatsApp. With technological advancements, some companies began utilizing messaging in unforeseen ways, integrating AI chatbots rather than using the service primarily for customer support.