Find out more about what can happen to those who disclose and share images of people who have died
Leaked photos of a lifeless Marília Mendonça have upset the Brazilian singer’s family a year and a half after her death – and led to an outburst from her mother on social media. The Civil Police of Minas Gerais has begun investigations.
According to lawyer and legal consultant Lorrana Gomes, those who leaked the images and those who shared them are both committing crimes.
“Article 212 of the Brazilian Penal Code states that, depending on the specific circumstances of this case, it may fall under vilification – a crime of humiliation and disrespect involving corpses. This can lead to one to three years of imprisonment, in addition to possible damages and aggravating factors,” she says.
Lawyer Demóstenes Torres claims, however, that the sentence may be increased to up to six years if the leaks are proven to have caused damage to the public administration or to others – such as Marília’s young son. “I believe this is the case. Based simply on information provided by the press, however, it’s virtually impossible that this may lead to a closed regime in prison: even in the case of a maximum sentence – six years –, the criminal will start off in an initial semi-open regime,” he says.
Marília’s family lawyer has told the press that he is already taking the appropriate measures. According to data protection and privacy lawyer Mahyra Milani, it’s also important to point out that, in the civil sphere, relatives have the right to protect the image of a deceased person.
“There is a paragraph in our Civil Code that provides for the possibility of family members claiming damages to the deceased, such as moral damages, for example. However, characterization of the damage will depend on the judge’s understanding, according to the details of the case,” she explains.
As for social media, the lawyer says that accounts that publish this kind of image may violate the guidelines and terms of the platforms where the content was shared. “In this regard, posts that go against the rules may be subject to sanctions such as blocking accounts etc,” she says.
Social media platforms may remove content that is deemed offensive on their own or at the request of an interested party. If they do not do so, families may sue.
Source: Folha de S. Paulo.