Civil liability and social media. The limits of freedom of expression and the duty to compensate for the unauthorized use of a third party’s image comments on civil appeal no. 5006258-53.2022.8.21.0019

Abstract

The present article seeks to reflect on the configuration of civil liability arising from the improper use of another person’s image, without prior authorization, within the scope of social media. Accordingly, it will examine the fundamental rights to freedom of expression and to one’s image, to determine whether limitations to such constitutional norms are admissible, as well as the criterion of proportionality for resolving conflicts between these fundamental rights. This article aims to study a recent decision of the Court of Justice of the State of Rio Grande do Sul, which addressed the prevalence of the right to one’s image over freedom of expression, given the merely defamatory nature of a publication made on social networks.