Sites will have to compensate for the improper use of images

In a unanimous decision , the 4th Civil Chamber partially granted the appeal of Appeals brought by Google Brazil Internet S / A against sentence judged partially the claims made ​​by EJS in action for damages moral c / obligation to do against the company and CVCCFM



According to the records , EJS , dance teacher , has been profiled in a social network hacked and personal touch to your photographs began to circulate on the internet , on a website hosted by Google humorous , conveying your image without permission , so vexatious and offensive to their dignity . At the time , the respondents taught at the City Hall of the Municipality .



The magistrate sentenced unique Google to pay R $ 80,000.00 and CVC C.F.M. R $ 20,000.00 by way of moral damages .



Google appealed the verdict claiming that has no connection with the site responsible for the publications , not scans or supervision of unwanted content on the Internet , asking for a reduction of the amount of compensation. Already CVCCFM , owning a humorous site hosted by Google , reports that the photos have been circulating on the internet , posted by the appellant and that once received the request , withdrew them from your site .



The rapporteur of the case , Des . Paschoal Carmello Leandro , explains what is indisputable civil liability for damages caused to the appellee, due to the use of their images . The purpose of the blog is to make humor with everyday events , but touch the right to honor those who have name and pictures disclosed , having a blog aimed only to ridicule and discredit people .



" At this rate , considering the reality of the facts and the peculiarities of the case , and also in respect to the degree of guilt , the harmfulness of the act and the gravity of the offense , as well as the economic condition of the parties , have as just maintaining the quantum indemnity at R $ 20,000.00 (twenty thousand dollars) for the applicant DC , as well as reducing the value for R $ 40,000.00 (forty thousand dollars) against the applicant Google , considering , especially , that their responsibility is restricted to the inertia of removing offensive photos and reviews from their social network , will have no liability to the disclosure by these network users " , voted the rapporteur .



The decision may be appealed .



Case No. 0000504-92.2011.8.12.0007



Source : Court of Mato Grosso do Sul