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Superior Tribunal de Justiça MINISTRO LUIS FELIPE SALOMÃO Relator Documento: 2030933 - Inteiro Teor do Acórdão - Site certificado - DJe: 20/04/2021 Página 3 de 4

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Big Pan Bakery v. Facebook

Case Law

Country

Brazil

Country Location

Latitude: -9.531069703582213

Longitude: -52.923056365109474

Country Location (Lié Case Law): Brazil

Decision Date: 9 mars 2021

Case Status: Affaire Résolue

Case Outcome (Procedural)

Reversed Lower Court

Keywords

Content Moderation
Data Protection and Retention
Digital Rights
False News
Privacy

Judicial Body: Appellate Court

Court Name: Brazilian Superior Court of Justice

Case Number: REsp 1.859.665/SC

Case Summary: The Brazilian Superior Court of Justice (STJ) ruled that forcing the disclosure of confidential data of social network users who merely shared a fake video would violate the right to privacy. A video posted anonymously on Facebook, which falsely claimed the presence of larvae in a snack sold by a bakery, led to investigations by public health authorities and in financial losses and reputational damage to the bakery. The bakery sued Facebook requesting that the company immediately suspend the dissemination of the video, and disclose the identities of those responsible for its posting, as well as of those who shared it. The lower courts granted the request for the disclosure of user access logs to those who allegedly shared the video, as they found signs of illegal activity involving the dissemination of defamatory information. The STJ, however, emphasized the importance of the right to privacy and dignity within Brazil’s legal framework governing internet usage. It held that it was disproportionate to infringe the privacy rights of those users who merely shared the video, and it would constitute an “indiscriminate breach of confidentiality” if those users’ details were identified and disclosed to the bakery.

Case Significance: The decision expands online expression while safeguarding users’ privacy, in accordance with the Brazilian Civil Rights Framework for the Internet, which prohibits collective requests that are generic or unspecific. It limits data disclosure to those directly involved in the specific post, balancing freedom of speech with privacy and reputation protection.

The decision establishes a binding or persuasive precedent within its jurisdiction.

Related Law

Constitución

Source Name and URL: Global Freedom of Expression

Collection

Columbia

Date Updated: 18 juil. 2024

Documents principaux

Judgment (Portuguese)
Portuguese
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CYRILLA: Global Digital Rights Law

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Big Pan Bakery v. Facebook

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