Braziliandecisiononspam

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Braziliandecisiononspam

  1. 1. W orld eBusiness Law Report - Spam Page 1 of 1 This printed article may not be photocopied and is for the exclusive use of Ms Erica Aoki. For a multi-user licence please contact Alan Mowat on +44 20 7234 0606. March 28 2002 - Brazil Stroeter, Royster & Ohno - Advogados Associated wíth Steel Hector & Davís LLP Screen Version First Brazilian decision on spam takes wrong turn In the fírst decision in Brazil dealing with spam, the State Court of Mato Grosso do Sul held that the sending of unsolicited commercial email is equivalent to a traditional mailing-Iíst system and is necessary to establísh healthy marketing practíces. The court also held that the plaintiffs right to privacy was not infringed, and therefore denied the plaintiffs elaim for R5,OOOin damages. Although no Brazilian law speeifically regulates spam, it is surprising that the eourt did not follow international practiee or look to existing law (eg, Brazils Consumer Protection Code) to find for the plaintiff. There are several bílis dealing with spam that are beíng eonsidered by the government. Hopefully, one of these will be enaeted shortly, c1early adopting either an opt-in or opt-out system and imposing fines on those marketers who do not comply. J Eríca Aokí, Moreíra Lima Royster & Ohno - Advogados Assocíated wíth Steel Hector & Davís LLP, São Paulo"- © Copyright Globe Business Publishing 2002 Terms & Conditionshttp://www.worldebusinesslawreport.com/index.cfm ?selectedpub= 1,8&action=dsp _item&id... 6/11/02

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