Members SolaceSoul Posted January 31, 2020 Members Posted January 31, 2020 Helpful advice to Brazil travelers, as well as those living or staying there for extended periods: Please be careful NOT to yield to any temptation of taking photos of and / or posting photos of guys you see or meet in Brazil without their advance consent. Posting, publishing or taking photos of someone without that person’s permission is not only highly unethical, but also it is a crime in Brazil — that is enforced and is punishable by fines and jail time. The law in Brazil on this subject is one of the strictest laws in the world that criminalizes, with monetary and civil penalty, posting or taking or publishing an image of a private individual without their express consent. The only 3 exceptions are for (1) public figures performing their public functions or activities (not in private life), (2) people who are present in a public space or participating in a public event (unless the depicted person is the main focus of or singled out in the picture), and (3) people related to news events of public interest (only if necessary and reasonably justified and if the reported facts are true). [ NOTE: none of these 3 exceptions would apply to escorts, sex workers, sauna workers, Grindr profiles and/or guys whose photos that you may find on social media and think they are so hot that you feel tempted to post their photos on the internet without their permission. ] Even if the photo was previously taken, or was posted at another place, like that individual’s Facebook, Instagram or WhatsApp account, if you do NOT have prior authorization to post that person’s photo in Brazil, do NOT even think about posting it. It doesn’t matter if the person is nude, shirtless or fully clothed. It does not even matter if your intentions were pure and innocent. If the Brazilian subject of the photo did not authorize you to post or publish the photo, then don’t do it or else you risk being criminally and civilly liable in Brazil. However, if the unauthorized photo is published in a derogatory or sexual manner or at a site related to sex, sex work, or pornography (like a site such as this one, for example), that makes the likelihood of conviction even easier and the penalty even harsher. “The generally accepted doctrine, legalized by case law, specifically recognizes the image right as an autonomous personality right. This means, the right to one’s own image is protected as such. Just taking someone's photo without their permission (in private or public space) can violate their image right and gives them a right to compensation for moral damage. Of course, copying, reproducing, transfering, distributing, publishing or commercializing such a picture are illegal and anti-constitutional acts. Simultaneous prejudice to honour or reputation is not necessary. If the image is commercially exploited or used in a derogatory way, this will only aggrave the situation, but it is not a requirement for infraction complaint.” https://commons.wikimedia.org/wiki/Commons:Country_specific_consent_requirements likeohmygod 1 Quote
Members davet Posted February 1, 2020 Members Posted February 1, 2020 What a wonderful, enlightened, progressive law. I wish every teenager and social media idiot would know that, much as Facebook has induced them otherwise, no they do not have the right to violate the privacy of their "friends"(tm). Quote
Badboy81 Posted February 2, 2020 Posted February 2, 2020 And it makes you a complete jerk for doing it without permission SolaceSoul 1 Quote
