According to a recent decision ¹ issued by the Court of Appeals of the Federal District, Facebook is not required to publish a retraction on its users’ profiles due to offensive comments by third parties. The Court understood that users’ comments on the internet did not entail right of reply or correction as provided under Law No. 13,188/15.
Citing the Brazilian Internet Bill of Rights and following the Brazilian Superior Court of Justice’s opinion, the Court held that the internet service provider is not responsible for third parties’ content, nor for removing such content in the absence of a specific court order.
In this case, the appeal was granted to reverse the lower court’s decision in order to recognize Facebook’s lack of responsibility and, therefore, reject the plaintiff’s pleas.
¹ Lawsuit No. 0020959-95.2015.8.07.0001