The Plaintiff requested Google to remove search results mentioning her earlier criminal conviction. The judge upheld the inviolability of private life and the right to be forgotten, noting that there was no current public interest in the information. In this regard, the court noted that criminal convictions should not continue to produce extrajudicial effects on individual rights after .
The Court ruled that content providers cannot be held liable for copyright violations committed by third parties in a case regarding whether the social networking site Orkut was responsible for copyright infringing user-generated content on its site. The Court ruled that Orkut’s does not profit from copyright infringement on the part of its users. The Court also ruled that Orkut could not be held responsible for links that users post to other pages containing copyright infringing material. See also CIS blog post.
Self-Regulation/Voluntary Agreement/Code of Conduct
By this agreement, signed between the Human Rights Secretary and the Brazilian Association of Internet (ABRANET), a non-profit organization that supports the development of the Internet in Brazil. On the second clause of the agreement, ABRANET commits to recommend all its members to include in their terms of service clauses allowing the termination of users accounts whenever the service is used to share child pornography images or to promote any form of discrimination.
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...
Decision held that the ISP is liable for not acting to takedown all copies of a video (parodying a commercial of the motorbike company Dafra) that was uploaded several times by multiple users, regardless if there was not a precise URL indication of such videos. In particular, the SCJ noted that "(…) this special appeal is limited to the remaining obligation regarding those videos that contain the insulting title, whether they have been precisely appointed by the authors (with the mention of the URL's), or not, so long as they exist on the site with that precise ‘title’, and, after the provider has been formally notified of their existence. … there is reference about an expert testimony in the case records in which it was verified by the technical feasibility of controlling videos on YouTube, having the Court Expert...
Decision held that Twitter Posts (Tweets) are not to be interpreted as anticipated electoral propaganda, even if the tweets contain electoral content or political opinion (according to Federal Law no. 9.504, electoral propaganda over the Internet is forbidden before July 5th of the year in which the election takes place). In this case, the Court noted “(…) Twitter consists of a conversation between people, and, usually, this communication is restricted to their bonds of friendship and persons authorized by the user." Therefore, "preventing the disclosure of a thought or opinion, even those with electoral content during the constraint-period provided by the electoral law, in a delimited social network like Twitter, is to prevent someone to speak with others. This prohibition implies violation of freedom of thought and...