The Superior Court of Justice (STJ) decided on Wednesday (14/09) that Google Brazil does not have the obligation to prior control over the messages posted on Orkut. One user requested in court the compensation for moral damages after being the target of offenses published on pages of the social network.
The decision of the Third Chamber of the court is a hell of a victory for the largest search engine in the world (today, a very complete business in various segments of the large network). It was decided that Google still needs to maintain IP registry of users and to comply with the removal of content that is considered offensive. But not previously, as requested this netizen.
This dispute is old. In the first instance, the judge ruled that Google must delete a photo album and messages taken as offensive, and pay compensation of R $ 8,300 for Internet users. Google tried to appeal the decision since the Court of Justice of Minas Gerais (Minas Gerais Appeal Court), higher court, but lost again because the judge found that the company took the risk of misuse of the service by offering Orkut for anyone with internet access.
In the latest decision, Google said in its defense that it can not be held responsible for messages – after all, the company also had no involvement in the creation of the profile that published the comments regarded as offensive by the complainant.
For Nancy minister, previously control the content of a message would be the equivalent of breaking the confidentiality of communications. This behavior is prohibited by the famous Article 5 of the Constitution, which deals with individual and collective freedoms. There is written in the law that it is “free expression of intellectual, artistic, scientific and communication, regardless of censorship or license.”
In addition to the argument in favor of Google make sense, it is worth remembering that the decision opens precedents for future cases that eventually Internet companies will suffer due to the activity of certain users.