20/12

A bill proposes criminalizing advertising fraud using artificial intelligence. Federal Deputy Kim Kataguiri (UNIÃO/SP) presented Bill no. 6119 to the Brazilian Chamber of Deputies, which aims to add the crime of "advertising fraud with the use of artificial intelligence" to the Criminal Code. The legislation seeks to criminalize, with a prison sentence of 4 to 8 years and a fine, the practice of «creating, using, and spreading videos of famous or anonymous people created by artificial intelligence with the purpose of manipulating, deceiving and misleading consumers«. In the justification, the practice is illustrated by the creation, by artificial intelligence systems, of fake advertisements featuring people, usually public figures, speaking well of a particular product or service. The deputy argues that the lack of advertising regulation on the use of artificial intelligence and the increase in consumer fraud justify the bill.

ARTIFICIAL INTELLIGENCE

21/12

A bill contemplates protective measures for victims of domestic violence perpetrated on the Internet.Federal Deputy André Fernandes (PL/CE) presented bill No. 6197/2023 to the Brazilian Chamber of Deputies , proposing protective measures with the aim of preserving the digital identity of victims of domestic and family violence.The legislation adds a provision to theMaria da Penha Law (Lawno11.340), a law designed to protect women victims of domestic violence, to cover situations in which the victim of domestic violence is subjected to threats, harassment, or other forms of violence on social media and digital platforms. The text outlines three specific measures:i) prohibiting the aggressor from accessing the victim's profiles and accounts, either from their current account or any other they may create; ii) immediate removal of “offensive, threatening, or defamatory content posted online regarding the victim”; iii) prohibition of virtual contact in any form of interaction, such as exchanging emails, messages, friend requests, reactions to photos and others. In hisjustification, the deputy mentions the “absence of specific legislation to address online violence in the context of the Maria da Penha Law” and the growing use of digital media to threaten, intimidate, and harass victims of domestic violence.

DIGITAL IDENTITY GENDER VIOLENCE

22/12

A bill seeks to criminalize the creation of intimate content of minors using artificial intelligence.Federal Deputy Renata Abreu (PODE/SP) presented bill No. XNUMX/XNUMX to the Brazilian Chamber of Deputies , which aims to criminalize the creation of erotic and pornographic content using artificial intelligence systems, with images of children and adolescents. The bill seeks to amend theStatute of Children and Adolescents (ECA)and theCriminal Code, criminalizing the production, sale, and display for sale of images and other audiovisual records containing scenes of sex, nudity, or pornography involving children or adolescents. In the justification, it is argued that there is a legislative gap regarding artificial intelligence, which would have a more harmful impact on vulnerable groups such as children and adolescents.

ARTIFICIAL INTELLIGENCE PROTECTION OF MINORS

05/01

A person is ordered to compensate a politician for messages published on social media. The press office of the Court of Justice of Minas Gerais (TJMG) released a ruling that ordered a person to pay R$ 2.000 in damages to a politician for messages published on social media. The lawsuit was filed after the person claimed that the politician had improperly received emergency aid during the Covid-19 pandemic. The content of the publications also suggested the presence in a hospital of ghost employees related to the politician. The 20th Civil Chamber of the TJMG, upholding the first instance ruling, considered that social media is not the appropriate medium for filing complaints. Fernando Caldeira Brant, the judge writing for the court in the case, argued that the messages were offensive to the politician's honor and image by insinuating illicit and potentially criminal practices.. The ruling also states that, regardless of the truthfulness of the claims, the person should have approached the appropriate authorities, instead of social media, to report irregularities. The decision was made unanimously by the TJMG.

CALUMNY AND INJURY FREEDOM OF EXPRESSION

16/01

A Judge allows false news about singer to remain online. According to the newspaper Consultor Jurídico, Judge Adriana Brandini do Amparo, of the 5th Civil Court of the Santana Regional Forum, in São Paulo, decided that the media outlets could keep news that turned out to be false about the singer MC Mirella. The singer had sued the media for the dissemination of messages in 2019 that supposedly demonstrated Mirella's involvement in an international child trafficking situation. The singer denied the messages and was found innocent after an investigation by the Federal Public Prosecutor's Office. The request to remove online content and for compensation for th false news was directed at the newspapers O Globo, SBT, TV Record, UOL, Terra and Jovem Pan Online. According to the decision, which dismissed the request, there was neither abuse nor negligence on the part of the news media, sas the source of the disseminated information was a victim seeking to expose the singer. The judge argued that the companies were merely reporting what, at that time, seemed to be true, and that "a news report whose content is not proven true does not deserve reproach, except in cases of intentional distortion of the fact or clear negligence in its investigation."

DISINFORMATION FREEDOM OF EXPRESSION

11/01

São Paulo Court rules that Facebook is not liable for fraud on its platform. The 32nd Chamber of the Private Law Section decided that Facebook is not responsible for a scam carried out on its platform. In the lawsuit, a man who was scammed in the purchase of a vehicle sought compensation from the platform. Specifically, the man reported being a victim of fraud by a fake profile on the social network, and argued that Facebook should warn "its users about the fake profile and posts that could cause harm." The ruling upheld the decision of Judge Priscilla Bittar Neves, of the 36th Civil Curt of the capital, which absolved Facebook. The appellate judge, Andrade Neto, determined that although the company is responsible for the social network, it does not play the role of intermediary in the sales that occur on the platform, which are conducted directly between users.. The judge argued that the individual failed to "take minimal precautions" before making the payment to the fake profile. The decision was supported by judges Luis Fernando Nishi and Mary Grün.

LIABILITY OF INTERMEDIARIES

15/01

Judge orders the removal of the video of the son of Minister Benedito Gonçalves from the internet. According to the newspaper O Estado de São Paulo, Judge Flávia Babu Capanema Tancredo, of the Rio de Janeiro Court of Justice, ordered the removal of a video in which a businessman, the son of Superior Court of Justice (STJ) Minister Benedito Gonçalves, appeared with luxury items. The video was made by influencer Anthony Kruijver, who films people on the street and asks them what they are wearing and how much their outfit costs. The video featuring businessman Felipe Brandão, published on January 7, went viral and had nearly 3 million views in a week. The businessman, who works in luxury goods sales, and his father, Minister Benedito Gonçalves, became targets of attacks on social media due to the content. For the judge, who ordered the video's removal from the Internet, the content sought to ridicule the businessman himself and affect third parties, in this case, his father.. 

FREEDOM OF EXPRESSION

16/01

Lula sanctions law criminalizing cyberbullying. President Lula enacted Law No. 14.811/2024, which establishes protective measures for children and adolescents in educational institutions and outlines the National Policy to Prevent and Combat Sexual Abuse and Exploitation of Children and Adolescents. The law amends the Criminal Code to create offenses for systematic intimidation (bullying) and systematic virtual intimidation (cyberbullying). Article 146-A of the Criminal Code now defines bullying as "systematically intimidating, individually or in groups, through physical or psychological violence, one or more persons, intentionally and repeatedly, without apparent motivation, through acts of intimidation, humiliation or discrimination or verbal, moral, sexual, social, psychological, physical, material or virtual actions." Cyberbullying is defined when the behavior occurs through computer networks, social media, applications, online games, or any other digital medium or environment, and carries a penalty of two to four years in prison and a fine. The enacted law also amends the Heinous Crimes Law (Law No. 8.072/1990) to include "inducing, instigating, or aiding suicide or self-harm carried out through computer networks, social media or live transmissions" and the offenses provided for in § 1 of Article 240 and Article 241-B of the Statute of Children and Adolescents (Law No. 8.069/1990), which deal with child pornography, as heinous crimes. The law results from PL 4.224 / 2021, proposed by Deputy Osmar Terra (MDB/RS) and approved by the Federal Senate on December 12, 2023.

PROTECTION OF MINORS