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Network Neutrality in Brazil: the recently enacted Presidential Decree consolidates meaningful rules

July 21, 2016

Amidst an economic and political turmoil, Brazil gave a significant step towards protection of network neutrality – the principle that keeps the Internet an open space, free from undue control by Internet service providers (ISPs). A Presidential Decree issued right before Dilma Rousseff was...

WhatsApp in Brazil?

December 28, 2015
A few days ago, a Brazilian judge ordered telecoms to block access to WhatsApp on the Brazilian territory for lack of cooperation in a criminal investigation. A few hours later, a superior tribunal invalidated the initial blocking order and reinstated access to Whatsapp. Since the contours of this...

Brazilian Supreme Court Adopts Common Law Tests for Intermediary Liability in Copyright Case

June 24, 2015
Last month, the Superior Tribunal de Justiça (STJ), the highest appellate court in Brazil for non-constitutional questions of federal law, awarded a landmark decision in a case discussing the liability of the social networking site Orkut for copyright infringing user-generated content on its site...

Brazil Leads the Efforts in Internet Governance with its Recently Enacted "Marco Civil da Internet". What’s in it for Intermediary Liability?

April 30, 2014

On April 23, 2014, Brazil’s President Dilma Rousseff enacted the country’s long awaited Internet Bill of Rights, locally known as “Marco Civil da Internet”.

First introduced to the legislature in 2011, the bill was finally approved by Congress and submitted to the Senate in late March this year...

Brazilian Supreme Court Found Google Liable for Videos Parodying Dafra’s Commercials

January 31, 2014

Content platforms are under fire in Brazil. The Brazilian Superior Tribunal of Justice (“STJ”) recently found Google liable for copyright infringement for YouTube-hosted videos parodying a well-known commercial. The case raises concerns that copyright enforcement is interfering with freedom of...

Brazilian Court holds Facebook User liable for 'sharing' offensive content posted by another user

December 10, 2013

A decision this week by the Court of Appeals of São Paulo dominated local news on Internet liability, triggering passionate discussions amongst Brazilian internet platforms.

So what is all the fuss about?  Basically, Brazilian Facebook users should now be especially aware of which Facebook posts...

A Brazilian Judge Orders Facebook off Air if It Fails to Remove a Defamatory Discussion

October 7, 2013

On October 2, 2013, Judge Bonvicino of the Civil Court of São Paulo granted an injunction to shut down Facebook in Brazil if a discussion is not removed. The allegedly defamatory post regarded some trivial quarrel between a well-known TV presenter and her neighbor, apparently over the TV presenter’s...

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