Google Brazil, Special Appeal No. 1323754/RJ

Superior Court of Justice, Third Panel,
Document type
Court Decision
Decision held that the ISP must act expeditiously upon user notification in order to avoid being held jointly liable for offensive/illegal content. The decision suggests that, once communicated by a user that certain content has offensive and/or unlawful material, the ISP must act in 24 hours to momentarily takedown such content, for later analysis. In particular, the Brazilian Supreme Court noted that "once notified that a certain text or picture has illegal content, the ISP must takedown the content within (twenty four) hours, to avoid the penalty of being held jointly liable with the offender due to omission.  In this 24 hours period, the ISP is not obliged to review the content indicated in the notice, but only to preventively suspend the webpages until it has enough time to assess the veracity of the allegations . . .  Although this procedure may possibly violate the rights of those users whose pages may be improperly suspended, albeit temporarily, this violation of rights must be confronted with the damages arising out of the exposure resulting from the insults, being certain that, when weighing the losses involved, the balance indisputably tilts to the side of protecting the dignity and honor of those users that access the Internet . . . ."
Topic, claim, or defense
Defamation or Personality Rights
Document type
Court Decision
Issuing entity
Highest Domestic/National (including State) Court
Type of service provider
Host (Including Social Networks)
OSP obligation considered
Block or Remove
Type of law
General effect on immunity
General intermediary liability model
Takedown/Act Upon Knowledge (Includes Notice and Takedown)