The 9th Chamber of Private Law of the Court of Justice of São Paulo maintained an unfavorable sentence to the technology company. Therefore, it remained obliged to provide data from users of the social network, responsible for the publication of a post considered offensive, which would have already deleted the content. Likewise, the indemnity and the fine fixed by the court of first degree to the disadvantage of the technology company.
In the specific case, the conviction in the first instance was limited to the provision of social network user data (IP, full name, e-mail and other information that allows identification) and the removal of the video that imputed the company that filed the lawsuit. crime of adulteration of fuel, clearly mentioning the name and location of that company.
The appeal was based on two main arguments: the impossibility of complying with the decision due to the fact that the profile has already been deleted, with no more data available; and the need to remove the obligation to remove the video, due to the lack of proof of its availability or condition the exclusion to the provision of the URL.
The claim that the profile was excluded on the grounds of non-compliance by the technology company of Article 15 of the Marco Civil da Internet, which determines the application provider the duty to keep access records confidential, for the term, was rejected. 6 months. In this sense, it was understood that “if the data are no longer available, this was due to the defendant’s sole fault, who failed to comply with his duty to keep the information.”
In the vote of Judge Judge Piva Rodrigues regarding the provision of the URL for the exclusion of the video, it was pointed out that the withdrawal from circulation does not depend on the presentation of this data, nor is this the only way to locate the content broadcast on the social network. This is because, according to the decision, the technology company “coordinates the registration of activities for each account maintained by a user” and “handles several resources to control the platform it makes available”.
It was concluded, therefore, to be “very little credible” that the technology company “does not have any other means of control and identification in its main product other than the specific presentation of the URL of the publications that are intended to be excluded from the social network”. Therefore, according to the decision, only such a company could demonstrate “its technical limits exactly, justifying the alleged impossibility of complying with the imposed order”.
Wilson Sales Belchior
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