Content moderation: Google secures victory in landmark ruling by Brazil’s Superior Court of Justice
In August 2024, the third panel of the Brazilian Superior Court of Justice (STJ) assessed the legal authority of YouTube, a social media platform owned by Google, to remove or suspend user content that breached its terms of service without requiring a court order. In this regard, Article 19 of the Brazilian Civil Rights Framework […]
Public Civil Actions in data privacy breaches
Class actions are used in various jurisdictions as a key mechanism for the protection of collective rights. The Brazilian legal action that most closely resembles class actions in the USA is the Public Civil Action (ACP), which has served over the years as the primary tool for protecting personal data in Brazil. Before the LGPD […]
Partner Simone Lahorgue Nunes speaks at Columbia Law School on the regulation of Artificial Intelligence at the CLS Brazil Legal Forum event
Our partner Simone Lahorgue Nunes was a speaker at the “Developments on AI Regulation – International Perspectives” panel at the CLS Brazil Forum (6th edition) held at Columbia Law School on April 12th, 2024. The debate was focused on legal, ethical and regulatory matters on AI. Simone addressed the regulation of AI in Brazil and […]
Partner Simone Lahorgue was the Keynote Speaker at the Global Legal Tech Venture Day held at FGV Law School
Our partner Simone Lahorgue Nunes was the keynote speaker at the “Global Legal Tech Venture Day”, an event held at FGV Rio Law School last week, in partnership with IE University and Law Schools Global League (IE University Law Society). The event hosted the LegalTech Startup Competition, and promoted discussions on the myriad ways AI […]
Processing of personal data for public security purposes
The processing of personal data for public security purposes triggers the application of various provisions outlined in the Brazilian Data Protection Law (“LGPD”). Analogous to the European General Data Protection Regulation (“GDPR”), the LGPD excludes the processing of personal data for specific purposes, wherein public interest is pronounced, from its purview. These include national defense, […]
Can a media outlet be held liable for an interviewee’s statement?
In 1995, a print newspaper published an interview with a lawyer who accused a political activist of having carried out a terrorist attack back in 1966. The activist filed a lawsuit against the news company seeking indemnification for moral damages. The lower court ruled in favor of the offended party, but the decision was overturned […]
Statute of limitations for copyright infringements in Brazil
Brazil’s Copyright Law (“BCL”) does not contain any express provisions concerning statute of limitations. It follows that the general provisions of the Brazilian Civil Code (“BCC”) on limitations shall apply in relation to copyright infringements, and it has been the task of Brazil’s Superior Court of Justice to decide what particular provision of the BCC […]
Controllers’ liability in cases of personal data breaches
The Superior Court of Justice (“STJ”, together with the Supreme Court, the two highest Brazilian courts) issued a decision last March restricting the controllers’ liability related to personal data breaches. A claim seeking compensation for moral damages was filed by a consumer against a Brazilian power utility company due to a leakage of personal data, […]
News content: a battle between producers and distributors
Last August, the Brazilian Superior Court of Justice issued a ruling concerning press clipping services. This case relates to a copyright infringement claim brought by a newspaper against a clipping company that utilized its journalistic content as a basis for crafting customized clippings. The central issues examined by the Court are: (i) whether journalistic works are entitled to protection under copyright law, and if so, (ii) whether clipping services could qualify for any of the exceptions stipulated in […]
Democracy under attack: how it relates to digital platforms’ business model
Fake news – information propagated with the intention to mislead – is a weapon against democracy. Although it is not a novel phenomenon of the 21st century, the constant use of digital platforms, the massive processing of personal data, as well as a crisis of trust in reliable institutions lead to an increased likelihood of […]