A victory for internet-based applications: first appellate decision to enforce the Brazilian “Marco Civil” Internet Law

In a recent paradigmatic decision, the 3rd Panel of the Espirito Santo State Court of Appeals reversed an injunction that had determined the removal of the Secret app from the Google and Apple virtual stores under the penalty of a daily fine. Appellate judge Robson Luiz Albanez found that there was no grounds for such a measure, which represents a violation of the right to the freedom of speech.The reasoning in the decision provides a deep analysis of the “Marco Civil” Internet Law, especially regarding the accountability of app providers for harmful content created by users. Indeed, the current legislation sets out that the app provider is only liable for content generated by third parties in cases of non-compliance with a judicial order, where the order previously determined the removal of such content.This is the first case challenging an app in Brazil after the enactment of the “Marco Civil”. The case was initiated through a class action filed by a state prosecutor seeking Secret removal from Apple and Google virtual stores.The decision allowing for the app’s continued operations in Brazil represents a positive precedent for internet-based applications in the country.Licks Attorneys was pleased to represent Secret Inc. For additional information, please contact info@lickslegal.com.