A recent ruling by the Court of Justice of Minas Gerais examined a case involving the unauthorized sharing of a video on a social media platform, accompanied by offensive comments, which prompted the filing of a lawsuit seeking content removal and compensation for moral damages.<\/p>\n\n\n\n
Even after the initial removal of the material, the responsible user reposted the content, expanding its reach and the extent of the harm caused. The Court found that the conduct was repeated and intentional, constituting a direct violation of the victim’s rights to image and honor.<\/p>\n\n\n\n
A central point of the ruling was the recognition that, once notified and having carried out the removal of the content, the platform becomes obligated to adopt measures to prevent new publications of the same material. The absence of effective steps to prevent republication was considered relevant in establishing the platform’s liability in the specific case.<\/p>\n\n\n\n
Although the Marco Civil da Internet generally conditions provider liability on the existence of a specific court order, the so-called notice and takedown mechanism set forth in Article 19, the Court held that inaction in the face of repeated violations constitutes a failure in service delivery, concluding that the platform should have taken measures to prevent the content from being reposted.<\/p>\n\n\n\n