Post by xyz3700 on Feb 27, 2024 4:29:04 GMT -5
Mercado Livre does not own the products offered on its website, nor does it participate in their offering and negotiation. Therefore, the platform does not respond objectively for advertised items and must not previously monitor the information provided by advertisers. Disclosure Mercado Livre has no obligation to previously monitor advertisements. With this understanding, the 15th Civil Court of Porto Alegre denied a public civil action in which the Public Prosecutor's Office asked Mercado Livre to carry out a prior analysis of the products advertised on its website, in order to prevent prohibited items from being published on it. The MP-RS took action after verifying that a man was selling certificates of completion of high school and technical courses. The MP then asked Mercado Livre to delete all advertisements for illicit products and no longer run these offers on the website.
In response, Mercado Livre argued that the platform's General Terms and Conditions of Use prohibit the advertising of prohibited products.So much so that there is a space on the website to report them. Furthermore, the company maintained that prior control of all items is unfeasible. Judge Débora Kleebank, from the 15th Civil Court of Porto Alegre, assessed that Mercado Livre only provides virtual space for users to publish Chinese Malaysia Phone Number List advertisements for products and services. In this way, she said, the company does not intervene in defining the terms of the offer or content of the advertisements, nor in negotiations between sellers and buyers. According to the judge, Mercado Livre also does not integrate the production or supply chain of the products offered. Therefore, it cannot be considered jointly responsible with the advertiser for illicit or irregular negotiations that begin on its website.
Therefore, the defendant [Mercado Livre] is not objectively responsible for the insertion of illegal or irregular products or services into its provider, by third parties. However, Mercado Livre must, as soon as it becomes aware of the existence of illegality on its platform, remove it immediately, under penalty of liability for the resulting damages, and there is no need to talk about prior censorship of content made available by users on its platform” , the judge said, denying the MP-RS request. For Ricardo Dalmaso Marques , Dispute Resolution manager at Mercado Livre, the judge was right to recognize that the website has channels for reporting irregular products, which are removed if they are found to be illegal. In this sense, the judge decided in accordance with what is determined by the Marco Civil da Internet.
In response, Mercado Livre argued that the platform's General Terms and Conditions of Use prohibit the advertising of prohibited products.So much so that there is a space on the website to report them. Furthermore, the company maintained that prior control of all items is unfeasible. Judge Débora Kleebank, from the 15th Civil Court of Porto Alegre, assessed that Mercado Livre only provides virtual space for users to publish Chinese Malaysia Phone Number List advertisements for products and services. In this way, she said, the company does not intervene in defining the terms of the offer or content of the advertisements, nor in negotiations between sellers and buyers. According to the judge, Mercado Livre also does not integrate the production or supply chain of the products offered. Therefore, it cannot be considered jointly responsible with the advertiser for illicit or irregular negotiations that begin on its website.
Therefore, the defendant [Mercado Livre] is not objectively responsible for the insertion of illegal or irregular products or services into its provider, by third parties. However, Mercado Livre must, as soon as it becomes aware of the existence of illegality on its platform, remove it immediately, under penalty of liability for the resulting damages, and there is no need to talk about prior censorship of content made available by users on its platform” , the judge said, denying the MP-RS request. For Ricardo Dalmaso Marques , Dispute Resolution manager at Mercado Livre, the judge was right to recognize that the website has channels for reporting irregular products, which are removed if they are found to be illegal. In this sense, the judge decided in accordance with what is determined by the Marco Civil da Internet.