Why Facebook content spreads quickly

Facebook Groups can host closed NCII trading communities that escape automated moderation. Marketplace listings have been used to distribute NCII as fake product images, and Profile photos can be reverse searched.

Brazil legal framework

Lei nº 13.718/2018 (crimes against sexual dignity) inserting article 218-C into the Código Penal, plus Marco Civil da Internet (Lei nº 12.965/2014) article 21. From 1 to 5 years imprisonment under article 218-C. Aggravated where committed by a current or former intimate partner.

The civil erasure right under LGPD (Lei nº 13.709/2018) right to deletion under article 18 is enforceable against Facebook regardless of where Facebook processes the data, where the data subject is in Brazil.

Facebook removal route

Facebook accepts NCII reports through Meta's NCII portal and through the in app report flow. Marketplace, Groups, and Profile content all share the same reporting pipeline.

Meta operates the NCII Hash Database Pilot in cooperation with the Cyber Civil Rights Initiative. A successful Facebook removal often produces a hash that is propagated to Instagram and other Meta platforms automatically.

Evidence preservation specific to Facebook

Capture the post URL, the group name, and the user profile URL. Facebook retains content metadata for 90 days post deletion which supports subpoena requests through Facebook Law Enforcement Online Requests.

Five step removal process

  1. 1

    Capture evidence from Facebook

    Capture the post URL, the group name, and the user profile URL. Facebook retains content metadata for 90 days post deletion which supports subpoena requests through Facebook Law Enforcement Online Requests.

  2. 2

    File Lei nº 13.718/2018 plus Marco Civil article 21 criminal complaint

    Report to local police or national cybercrime unit. SaferNet Brasil can assist.

  3. 3

    Submit LGPD (Lei nº 13.709/2018) right to deletion under article 18 erasure request to Facebook

    Facebook accepts NCII reports through Meta's NCII portal and through the in app report flow. Marketplace, Groups, and Profile content all share the same reporting pipeline. The request must identify the URLs and cite the legal basis. ANPD accepts complaints for non compliance.

  4. 4

    Run a biometric scan to find every other hosting location

    Content rarely stays on one platform. ScanErase identifies every current location in a single scan including mirrored copies and AI generated variants of the same image.

  5. 5

    Dispatch parallel TAKE IT DOWN Act notice to Facebook

    Facebook is a covered platform with a 48 hour federal removal obligation. ScanErase files the notice within 5 minutes of authorisation.

Frequently asked questions

Can Facebook be required to remove intimate images of a Brazil resident?

Yes. LGPD (Lei nº 13.709/2018) right to deletion under article 18 gives any data subject in Brazil the right to require erasure. Facebook operates a dedicated NCII removal portal that processes these requests. Where Facebook is also subject to US jurisdiction, the TAKE IT DOWN Act adds a 48 hour federal obligation.

What is the criminal exposure of the person who posted to Facebook from Brazil?

Lei nº 13.718/2018 (crimes against sexual dignity) inserting article 218-C into the Código Penal, plus Marco Civil da Internet (Lei nº 12.965/2014) article 21. From 1 to 5 years imprisonment under article 218-C. Aggravated where committed by a current or former intimate partner.

How does Facebook verify a Brazil erasure request?

Facebook accepts NCII reports through Meta's NCII portal and through the in app report flow. Marketplace, Groups, and Profile content all share the same reporting pipeline. ANPD can be petitioned if Facebook fails to act within the statutory window.

Can the Brazil regulator force Facebook to remove content?

Marco Civil article 21 imposes secondary liability on internet application providers that fail to remove intimate content disseminated without consent following a notice from the affected party.

What evidence should I capture from Facebook?

Capture the post URL, the group name, and the user profile URL. Facebook retains content metadata for 90 days post deletion which supports subpoena requests through Facebook Law Enforcement Online Requests.

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