Internet intermediaries’ liability an analysis of the application of the Brazilian Internet Bill of Rights by the Superior Court of Justice

Abstract

After four years of the approval of the Brazilian Internet Bill of Rights and the everincreasing use of the Internet in Brazil, this article aimed to analyze how the Superior Court of Justice has been interpreting and applying its norms as well as to contribute to the study and discussion of Internet intermediaries' liability. Our  intent is that the law effectively serves as an instrument for the protection of human rights on the Internet, fostering a free, open and democratic Internet. This study explored the evolution of the civil liability of the Internet access provider and the provider of internet applications, for any damages arising out from content generated by third parties, in the case law from the mentioned Court. In short, after analyzing the judicial decisions, it was possible to conclude that the Brazilian Internet Bill of Rights modified the Superior Court's understanding of the liability of Internet intermediaries
for damages resulting from content generated by third parties. The law has been applied to all cases when the publication of offensive contents occurred after its entry into force. Therefore, it is clear that the guiding principles of the Brazilian regime of Internet intermediaries' liability are the freedom of expression and the so-called “non-liability of the network”.