Facebook: Judge Mario Chiuvite Júnior, of the 22nd Civil Court of São Paulo, sentenced Facebook to pay an indemnity of R$ 28,000 to the administrator of the page “Desmascarando”, who posted a video in which Fábio Porchat’s wife, Nataly Mega, appears in a towel, during a live of the comedian.
The fact occurred on July 3, 2020, when Porchat was interviewing Guilherme Boulos, on his Instagram profile. Nataly’s unexpected appearance, viewed amusingly by callers, was reported by the comedian on his Facebook page the following day.
The administrator of the fanpage “Desmascarando”, Fernando Ribeiro Meirelles, then decided to share the video, but it went wrong. He received a communication from Facebook accusing him of “spreading nudity without the victim’s authorization”, ordering both the deletion of the video and suspension of monetization for 90 days.
The page owner’s complaint
Feeling harmed by the suspension of payments, the creator of the page disagreed with the decision and, days later, filed a lawsuit against the social network, asking for compensation for damages, stating that his livelihood depends on the remuneration obtained with the ” in-stream ads” which displays advertising during videos.
The judge accepted the claimant’s thesis that the punishment imposed provided a general justification, “but there was no effective demonstration that the published video contained nudity or sexual content.” Issued on Monday (12), the sentence fixed the indemnity according to information taken from Facebook, by the user, who projects a daily loss of R$311.87.
Facebook argued with the judge that this damage is only an estimate, but that the documents presented do not prove this damage. However, the magistrate ordered the immediate payment of the amounts claimed by the user, corrected from the beginning of the action. The social network can appeal the decision.
The video that gave rise to the demand continues to be posted on Porchat’s Facebook page, since July 4, 2020.