Spam on the internet under the Consumer Defense Code

Authors

  • Guilherme Helfenberg Galino Cassi
  • Antonio Carlos Efing

Keywords:

Spam, Consumer Defense Code, Consumer practice, Abusive advertising, Tort law

Abstract

Sending unsolicited and unwanted messages to a large number of addressees is one of the most recurring phenomena in the internet environment. This behavior, along with the creation of fake sites and messages that seek to deceive internet users, is called spam. Once the legal requirements have been met, spam can be considered a consumer practice, just as the Internet user is a consumer. The practice, when it violates the privacy of the consumer or aims  to pass on false information, becomes abusive and ilegal. From this premise, especially When there is no consent of the recipient to receive spam, it is appropriate to check the civil liability of those who promote it. Given the importance of the topic, several countries have created specific legislation to regulate spam, something that is expected in Brazil in the face of one of the proposals to update the Consumer Defense Code.

Published

2018-10-30

Issue

Section

Doutrina Nacional