The STJ (Superior Court of Justice) attributed joint and several liability to a certain messaging application due to the dissemination, by an offending user, of intimate images without authorization, a practice known as “revenge pornography”.
The liability arose from the fact that the application did not promote the removal of content indicating the offending user, under the unproven allegation of technical impossibility.
The app’s stance was considered inert by the Court, precisely because it failed to take any action after the request for the removal of intimate images shared without authorization, which resulted in liability based on article 21 of the Internet Civil Rights Framework (Law No. 12,964/2014).
This is an important precedent in favor of users of messaging applications and social media in general, which should help resolve issues involving the use of such tools in violation of the rules of the platform or application itself, or the law.
