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.
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
Sources and evidence
Sources not yet published
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