São Paulo court dismisses Leila Pereira and Crefisa lawsuit over forum posts | OneFootball

São Paulo’s state court has dismissed a claim for moral damages brought by Palmeiras president Leila Pereira and sponsor Crefisa against Meu Timão, finding no unlawful act by the site.

The ruling by judge Seung Chul Kim of the second civil court in Lapa rejected the bid for R$ 120,000 over allegedly defamatory references posted on Meu Timão’s forum, where registered users’ messages are moderated. According to Meu Timao, the judge relied on the Marco Civil da Internet to conclude there was no culpable conduct by the platform.

He noted that freedom of expression does not cover abusive speech, hate speech or knowingly false imputations, yet the examples in the case largely amounted to opinion, criticism, speculation and commentary on matters already public, rather than deliberate personal attacks.

The court also turned down a request to remove posts that, the plaintiffs argued, falsely linked them to INSS scandals and diversion of retirees’ funds, and recalled a Supreme Federal Court precedent that internet content providers are not automatically liable for third party posts.

The decision added that Pereira is a nationally prominent public figure as president of a traditional club, and that the co-claimant operates in a field of significant social interest, so both face greater exposure and harsher scrutiny in football discussions marked by rivalry and passion.

With the claim rejected, the plaintiffs were ordered to pay costs and legal fees set at 10% of the updated claim value. The ruling is subject to appeal.

Source: Meu Timao