Lancellotti v. Facebook
Case Law- Country
- Country Location
خط العرض: -9.531069703582213
خط الطول: -52.923056365109474
- Country Location (مرتبط Case Law)
- Brazil
- Decision Date
- 30 نوفمبر 2016
- Case Status
- أُغلقت / إنتهت
- Case Outcome Procedural
- Affirmed Lower Court
- Case Outcome (Disposition)
- تعويض نقدي/ غرامة
- Keywords
- ISP Regulation
- Social Media
- Judicial Body
- المحكمة الاستئنافية
- Case Number
- 0003142-11.2013.8.19.0209
- Case Summary
The Court of Appeals of the State of Rio de Janeiro, Brazil, upheld a lower court ruling holding Facebook Brazil liable for failure to remove false content about actress Giovanna Lancellotti Roxo and to exclude groups targeting the actress. It also increased the damages award to BRL 55,000.00, from BRL 10,000. The Court reasoned that the relationship between Ms. Lancellotti and Facebook Brazil was analogous to that between customer and user and, on this basis, consumer protection law could be applied. Accordingly, Facebook Brazil's service became defective as soon as Ms. Lancellotti's intimacy, privacy, and image were harmed and Ms. Lancellotti was entitled to be compensated. The Court also affirmed that freedom of speech is not absolute and must be balanced against an individual's right to dignity protected under the Brazilian Constitution.
- Case Significance
The decision establishes a binding or persuasive precedent within its jurisdiction.
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