Brazil’s New Intermediary Liability Framework Takes Shape: Supreme Court ruling, Executive Action, and Pressure on Congress
Last month, Brazil’s Supreme Court ruled on several motions for clarification concerning its landmark 2025 decision, which held that the Brazilian safe harbor provision for internet application providers (Article 19 of the Brazilian Civil Rights Framework for the Internet, or the “MCI”) is partially unconstitutional. In its 2025 decision, the Court concluded that Article 19’s […]
SLAPPs as a Tool to Silence the Press: How Brazil Is Responding to a Growing Threat
Strategic Lawsuits Against Public Participation (SLAPPs) might appear to be a recent legal trend, yet the underlying strategy has existed for decades. Over the past few years, however, their use has intensified across multiple jurisdictions – including Brazil – raising fresh concerns about the resilience of press freedom and the right to information. SLAPPs are typically filed by powerful individuals or corporations […]
Digital Regulations in the Metaverse Era: Metaverse Guide
Automated decisions have been increasingly used by organisations for different purposes in a myriad of sectors. Decisions that were previously made by humans, such as those related to hiring and dismissing employees
Brazilian legal framework on automated decision-making
Automated decisions have been increasingly used by organisations for different purposes in a myriad of sectors. Decisions that were previously made by humans, such as those related to hiring and dismissing employees
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 […]
Sports Events: Is a two-fold legal protection needed?
Sports events are audience drivers. At a stadium or in front of a shiny screen, people cheer, watch, cry and spend money. These events attract public attention and support an entire business chain, from local bars to international private equity funds. Broadcasting rights are one of the most important and valuable assets in this industry. […]
The use of drones and hidden cameras in investigative journalism: reinforcing democracy or violating privacy rights?
Investigative journalism has an important role in modern democracies. The use of drones and hidden cameras/microphones is inherent to this type of journalism and has disrupted the way news content is produced. Journalistic activity should be transparent by default; however, these so-called “clandestine” or “surreptitious” methods are essential to provide society with public interest information […]
New regulation on the interpretation of commercial contracts – a positive impact on the production of audiovisual works
New legislation on contract interpretation may encourage investments in the production of audiovisual content by helping mitigate risks and addressing uncertainties. These are the so-called Economic Freedom Act (Law No. 13,874/2019) and Law 13,655/2018, which amended the Law of Introduction to the Norms of Brazilian Law – LINDB (Decree-Law No. 4,657/1942). Audiovisual works rely on […]
Investments in Brazilian copyrightable assets: would profits surpass the risks?
While the pandemic has shaken the music industry, suspending live events worldwide for almost two years, music streaming revenues have soared. In this scenario, investments in music royalties have also increased. Private equity funds were attracted by the revenues from the exploitation of copyrights of musical works, particularly with regards to the public performance rights, […]
“Vaza Jato”: The Brazilian Pentagon Papers’ case
The right to information and the freedom of expression, two of the most important principles in a democracy, are still being modeled by courts all over the world. The US Supreme Court settled the boundaries of these rights in 1971 with the landmark case of the Pentagon Papers (New York Times Co. v. United States). […]