Brazil instructs Meta to halt enforcement of its rule prohibiting external AI chatbots on WhatsApp

Brazil Suspends WhatsApp’s Ban on Third-Party AI Chatbots

Brazil’s antitrust authority has instructed WhatsApp to pause its policy that prevents external AI companies from utilizing its business API to deliver chatbot services within the app. Alongside this directive, the regulator has launched a formal inquiry to assess whether WhatsApp’s policy could be restricting competition.

The Administrative Council for Economic Defense (CADE) stated that its investigation centers on potential anti-competitive practices stemming from Meta’s updated WhatsApp Business Solution Terms. These new terms, imposed by Meta, may limit access for providers of artificial intelligence tools, potentially giving Meta an unfair advantage.

CADE is examining whether Meta’s updated terms unfairly exclude rival companies and provide preferential treatment to Meta’s own AI chatbot, which is available on WhatsApp.

In October, Meta revised its WhatsApp Business API terms, prohibiting third-party AI developers from offering their chatbots on the platform. Following this change, companies such as OpenAI, Perplexity, and Microsoft announced that their chatbots would be withdrawn from WhatsApp starting January 15. However, Meta’s policy still allows businesses to deploy their own chatbots, whether AI-driven or not, for customer interactions on WhatsApp.

This Brazilian investigation follows similar antitrust probes initiated by the European Union and Italy. The EU’s inquiry could result in Meta facing penalties of up to 10% of its worldwide revenue if found in violation of competition laws.

According to a notice sent to developers and reviewed by TechCrunch, Meta has informed AI providers that they may continue offering their chatbots to users in Italy even after the new policy takes effect. A similar approach may be adopted in Brazil in response to CADE’s order.

Meta has not yet provided a comment regarding these developments outside of regular business hours.

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Meta has repeatedly argued that AI chatbots put excessive strain on its infrastructure, which was originally intended for other business API uses. The company has also emphasized that users who wish to access alternative chatbots can do so outside of WhatsApp.

“The WhatsApp Business API was created to enable businesses to provide customer support and share important updates. Our priority remains supporting the many businesses building these experiences on WhatsApp,” a Meta spokesperson explained when the policy was updated in October.