After the elimination of the Spanish national team in the 2022 World Cup in Qatar, striker Neymar Jr. released on his social networks some conversations that he had with other players and admitted that he was not authorized to disclose the content. Is it a crime to post messages to third parties?
- Yes, and the penalty can vary between 1 and 6 months of detention, or payment of a fine
- Lawyer also warns against sharing nudes or pornographic videos without consent
"Accessing and improperly violating someone's correspondence is a crime provided for in Article 151 of the Penal Code, Decree-Law No. WhatsApp, according to § 2.848, item II, of the same article”
Túlio Monegatto Tonheiro, lawyer and scientific popularizer, in an interview with Technology Refugee
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Neymar released conversations between defender Thiago Silva, defender Marquinhos and striker Rodrygo. “I decided to expose (without their permission) to see how much we wanted and how united we were. These were some of the many messages I exchanged in the group”, wrote the Paris Saint Germain star.
"A feeling of great sadness, but we have to be stronger to move forward and I'm sure that the support of all the fans will come back stronger", he added. The player's idea was to show that all the athletes of the Selection were sad for the elimination for Croatia.
It is important to emphasize that although it does not contain authorization other players, the conversations released by Neymar do not offend or ridicule any of the other players. Facts that are taken into account by the Justice, in case any of them complained about the disclosure without authorization.
Neymar via instagram stories. pic.twitter./bdmGJkBQlh
— Pics Neymar Junior (@picsnjr) December 11, 2022“Accusations of committing crimes, disclosing offensive facts against honor (even if they are not crimes) or cursing can characterize crimes of Libel, Defamation and Injury, articles 138, 139 and 140 of the Penal Code, and, being such crimes committed by any modality in social networks, including WhatsApp, triple the penalty is applied, according to § 2 of article 141”, informed Tonheiro.
Other online crimes
The lawyer also warned against sharing nudes or pornographic videos without consent, which ended up becoming a practice. “Other important acts that we have classified as a specific type of crime is the unauthorized sharing of pornographic images or videos, often in the practice of Revenge Porn, when a partner discloses saved items that he has from before the end of the relationship or form of retaliation,” he explained.
The conduct of sharing nudity or pornography without consent was included in article 218-C of the Penal Code by Law nº 13.718/2018.”
Finally, Tonheiro recalled that not only the author of the offenses can be held responsible. “Whoever shares is also the crime”.
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