Marco Civil da Internet - “Brazilian Civil Rights Framework for the Internet"

Federal Law no. 12.965
Document type
The law introduces a liability exemption for Internet connection providers and the application of the safe harbor doctrine for other Internet application providers. Article 18 addresses the liability of Internet connection providers, grants an exception to those services regarding intermediary liability. It states that “the Internet connection provider shall not be subject to civil liability for content generated by third party”. Article 19, which addresses Internet application providers (excluding connection providers) states that, “in order to ensure freedom of expression and to prevent censorship, an Internet application provider shall only be subject to civil liability for damages caused by virtue of content generated by third parties if, after specific court order, it does not take action, according to the framework and technical limits of its services and within the time-frame ordered, to make the infringing content unavailable.” For a literal interpretation of the law, neither the responsibility exemption to ICPs nor the safe harbor doctrine to ISPs would apply to criminal liability.
Topic, claim, or defense
General or Non-Specified
Revenge Porn
Defamation or Personality Rights
Privacy or Data Protection
Freedom of Expression
Telecommunication (Includes Net Neutrality)
Document type
Issuing entity
Legislative Branch
Type of service provider
General or Non-Specified
Host (Including Social Networks)
Internet Access Provider (Including Mobile)
Issues addressed
Notice Formalities
Trigger for OSP obligations
OSP obligation considered
Block or Remove
Data Retention or Disclosure
Type of law
General effect on immunity
Strengthens Immunity
General intermediary liability model
Takedown/Act Upon Knowledge (Includes Notice and Takedown)
Takedown/Act Upon Court Order