Post by account_disabled on Mar 13, 2024 3:45:21 GMT -5
Spacca1. There are three pillars on which the Internet Civil Framework Law is based, namely: a) network neutrality; b) freedom of expression; and c) user privacy. This legislative option is in line with what is recommended by specialized doctrine[1].
2. When providing for the responsibility of internet connection and application providers for damages resulting from content generated by third parties, articles 18 and 19 of the Marco Civil da Internet established the following:
Art. 18. The internet connection provider will not be held civilly liable for damages resulting from content generated by third parties.
Art. 19. In order to ensure freedom B2B Lead of expression and prevent censorship, the internet application provider may only be held civilly liable for damages resulting from content generated by third parties if, after a specific court order, it does not take measures to, within the scope and technical limits of its service and within the indicated deadline, make the content identified as infringing unavailable, except for legal provisions to the contrary.
§ 1 The court order referred to in the caput must contain, under penalty of nullity, clear and specific identification of the content identified as infringing, which allows the unequivocal location of the material.
§ 2 The application of the provisions of this article to infringements of copyright or related rights depends on a specific legal provision, which must respect freedom of expression and other guarantees provided for in art. 5th of the Federal Constitution.
§ 3 Cases dealing with compensation for damages resulting from content made available on the internet related to honor, reputation or personality rights, as well as the unavailability of such content by internet application providers, may be presented before special courts.
§ 4º The judge, including in the procedure provided for in § 3º, may anticipate, totally or partially, the effects of the protection intended in the initial request, if there is unequivocal proof of the fact and considering the interest of the community in making the content available on the internet, as long as they are present the requirements of verisimilitude of the author's allegation and well-founded fear of irreparable damage or damage that is difficult to repair.
3. From a reading of the two provisions transcribed above, it appears that the Marco Civil da Internet provided that connection providers are entirely exempt from responsibility with regard to content generated by third parties (article 18). Internet application providers can only be held civilly liable for damages resulting from content generated by third parties in cases where, after a specific court order, they do not take measures to make the content identified as infringing unavailable (article 19). The only exception to this rule is set out in article 21[2].