Judge rejects man’s request to delete ex-wife’s Facebook photo with him

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Fernanda Panceri Ferreira, choose of the Second Court of the Special Civil Court of the Regional Court of Santo Amaro in Sao Paulo, rejected a man’s request to delete all photographs from his ex-wife, to whom he was married for 16 years. So that he seems on his Facebook.

The creator of the motion stated within the course of that he was going via a whole lot of embarrassment and mock due to the publication and that it was damaging his honor, picture and morale.

“Although the author was married to the accused, he didn’t need her previous to be remembered in photographs or in another manner”, described the man’s protection within the preliminary plea. The man was required to be eliminated as a result of he’s in one other relationship, so the photographs would trigger him “emotional misery”.

The ex-wife, nonetheless, justified that she wouldn’t delete the posts as a result of she wished to “maintain the reminiscence of the couple” and added that the creator of the request was blocked and didn’t have entry to the photographs.

She additionally stated the photographs had no romantic captions, no point out of divorce, and he or she enlisted the assistance of an expert to restrict viewing to solely associates.

In judging the state of affairs, Judge Fernanda Panceri Ferreira of the 2nd Court of the Special Civil Court of the District of São Paulo realized that there was no motive to complain of harm to honor, status or picture.

“The stated images solely present that the plaintiff and the defendant, up to now, shaped a household, had kids and had been cautious to report as reminiscences, images which present affection and affection within the common upbringing of their kids”, commented the choose.

He famous that the ex-wife deleted a number of photographs by which the creator was current, however stored some others with the kids collectively.

“Therefore, it appears, the upkeep of the {photograph} with the creator’s photo on the defendant’s social community is similar between the events and, subsequently, information of beforehand lived affectionate moments, and it’s not doable to confirm. The above-mentioned photo, probably embarrassing, to the respect or status of the applicant crime’, instructs the choose.

Ultimately, the request was dismissed and the choose exempted each events from paying charges. The course of is processed beneath the quantity 1024846-92.2022.8.26.0002.

Similar case, totally different choice

In May 2020, the ninth Chamber of Private Law of the Court of Justice of the State of São Paulo (TJSP) tried an analogous case. After the wedding ended, due to her ex-husband’s dishonest, a girl was extraordinarily upset that her photographs remained on her ex-husband’s Facebook and Instagram. So he went to court docket to delete the images.

Unanimously, the judges determined that even when the photo was posted with the girl’s consent through the marriage, the ex-husband couldn’t put her photo on their profile with out additional consent.

The rapporteur, José Aparicio Coelho Prado Neto, stated that though freedom of expression is a basic proper assured by Article 5 of the Federal Constitution, it’s not absolute.

The judges agreed with the decision of the primary occasion, in accordance to which it’s comprehensible that the person desires to maintain reminiscences of his relationship with his ex-wife, nonetheless, “there isn’t a want to publish them” on Facebook and Instagram.

Although the photographs don’t current disturbing content material, or feedback that expose the girl to ridicule, she has the proper not to publish them on social networks if she needs. Since she doesn’t need to see the images posted on her ex-husband’s networks, even when she beforehand consented, “she has the proper to take away his content material.”

The case was processed with the quantity 1008842-60.2018.8.26.0344 within the secrecy of the trial.

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