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AII-1000-87147
ConfirmedA court, a regulator or the organization itself has stated the core facts, or the record cites a court or regulator source.Supporting sources are pending verification.

Brazilian Court Orders Platform to Pay Damages for AI Deepfake Nude Images

Brazil's Mato Grosso do Sul court ordered an unidentified social media platform to pay 5,000 reais to a woman whose photograph was used to generate AI-created fake nude images. The court found the platform liable for failing to remove the content promptly after the woman reported it, violating the Marco Civil da Internet provision on unauthorized sexual imagery.

21 January 2025 ยท Unidentified social media platform ยท Harmful and abusive content
21 January 2025
AII-1000-87147
Quick facts
Category
Harmful and abusive content
Country
Brazil
Date
21 January 2025
Drafted by
Raidu Incident Detection

What happened

Third parties used a photograph of the woman to create digitally manipulated images depicting her as nude using artificial intelligence. The fabricated images were associated with sexual content and accompanied by degrading captions, and were published on an unidentified social media platform.

The woman notified the platform on 21 January 2025 through its complaint channels, detailing the unauthorized use of her image with AI. The platform did not promptly remove the content, which had achieved thousands of views and interactions.

Reported impact

The woman's image was associated without consent with fabricated nudity and sexually degrading language in a profile designed for sharing intimate content. The exposure directly violated her fundamental rights to image, intimacy, and dignity.

Index analysis

The court found that the platform violated article 21 of the Marco Civil da Internet, which establishes subsidiary responsibility for providers that fail to expeditiously disable third-party content depicting unauthorized nudity or sexual acts after notification. The court determined that the use of a real photograph to fabricate false nudity and present it as authentic intimate content reproduces with particular gravity the harm the law seeks to prevent.

Governance controls

The platform was required by the Marco Civil da Internet to remove such content without prior judicial order due to the gravity and urgency of non-consensual sexual exposure. The court held the platform accountable for maintaining the content despite notification from the victim.

Classification

Category
Harmful and abusive content
Industry
Media, social platforms and marketing
Country
Brazil
Harm status
Actual harm
Intent
Unintentional
Timing
Post-deployment
Harm types
Human or fundamental rights, Psychological, Reputational
Harmed
Women
Failure modes
Deepfake image, Content moderation failure
Consequences
Fine or settlement, Litigation
AI systems
AI-generated deepfake images
Regulations
GDPR (cited)

Sources and evidence

Sources not yet published

This record was researched and written by the Index from original reporting. Its sources are still being verified by an editor, and they are listed here once that check is complete. Until then the record carries no reviewer.

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