Civil Rights Framework of the Internet (BCRFI; Marco Civil da Internet): Advance or Setback? Civil Liability for Damage Derived from Content Generated by Third Party

Abstract

AbstractThis article examines the controversies involving the clash between personality rights in cyberspace and freedom of expression, especially in relation to the new rules of the Brazilian Civil Rights Framework of the Internet (Law 12.695) and its consequences to the problem of civil liability of Internet providers in connection with harmful content generated by third parties. The regime is extremely restrictive, which represents an undeniable setback when compared to the path that was being trod by Brazilian case law on this matter. In this context, this article analyses the “specific court order” requirement mentioned by Article 19 of the Civil Rights Framework of the Internet to set the civil liability of Internet providers in contrast to the general discipline of civil liability. The compatibility of Article 19 with the Brazilian Constitution is also discussed, in light of the fundamental rights of the human being in cyberspace.