Facebook will pay a fine for failing to prevent the circulation of a video on WhatsApp.

247 - Facebook will have to pay a fine of R$ 1,5 million for failing to comply with an order to remove a video of a minor from circulation on WhatsApp. The decision comes from the Court of Justice of São Paulo, which ruled that the social network should have taken measures to prevent the video's circulation, especially after a court order. The family will receive compensation of R$ 20. information It's from Conjur. 

The failure to comply with a court order to prevent the sharing of intimate videos of a 13-year-old girl in a WhatsApp group led the São Paulo Court of Justice to order Facebook to pay R$ 1,5 million in damages.
Following the initial ruling, Facebook explained that it has no control over what is shared on WhatsApp, nor does it store information that identifies its users.

"In other words, Facebook acknowledged that it is clearly failing to comply with the legal obligation imposed on it by Law 12.965/14. Internet application providers constituted as legal entities and carrying out this activity in an organized, professional manner and for economic purposes must maintain the respective access logs to internet applications, under secrecy, in a controlled and secure environment, for a period of six months, in accordance with the regulations," said the rapporteur, Judge Hertha Helena de Oliveira, in her vote.

According to the judge, Facebook has an obligation to maintain a log of the access data for the phone numbers that accessed the application.

"It is the legal duty of the network to identify all participants in the group in question, as well as to keep records of the application's usage, including to enable a third party, harmed by the group's illegal action, to sue them directly in search of civil or criminal redress," he explains.

According to her, Facebook failed to comply with both obligations imposed by the Brazilian Internet Bill of Rights, since it is undeniably an internet application provider.

"He did not provide the connection logs to the application, nor did he make unavailable the content that is harmful to the honor, privacy, and dignity of the minor, and in this case, the harmful act constitutes a crime or infraction," the magistrate stated.

Facebook will have to pay a fine of R$ 1,5 million for failing to comply with an order to remove a video of a minor from circulation on WhatsApp. The decision comes from the Court of Justice of São Paulo, which ruled that the social network should have taken measures to prevent the video's circulation, especially after a court order. The family will receive compensation of R$ 20.

The failure to comply with a court order to prevent the sharing of intimate videos of a 13-year-old girl in a WhatsApp group led the São Paulo Court of Justice to order Facebook to pay R$ 1,5 million in damages.

Following the initial ruling, Facebook explained that it has no control over what is shared on WhatsApp, nor does it store information that identifies its users.

"In other words, Facebook acknowledged that it is clearly failing to comply with the legal obligation imposed on it by Law 12.965/14. Internet application providers constituted as legal entities and carrying out this activity in an organized, professional manner and for economic purposes must maintain the respective access logs to internet applications, under secrecy, in a controlled and secure environment, for a period of six months, in accordance with the regulations," said the rapporteur, Judge Hertha Helena de Oliveira, in her vote.

According to the judge, Facebook has an obligation to maintain a log of the access data for the phone numbers that accessed the application.

"It is the legal duty of the network to identify all participants in the group in question, as well as to keep records of the application's usage, including to enable a third party, harmed by the group's illegal action, to sue them directly in search of civil or criminal redress," he explains.

According to her, Facebook failed to comply with both obligations imposed by the Brazilian Internet Bill of Rights, since it is undeniably an internet application provider.

"He did not provide the connection logs to the application, nor did he make unavailable the content that is harmful to the honor, privacy, and dignity of the minor, and in this case, the harmful act constitutes a crime or infraction," the magistrate stated.