WhatsApp, the most popular messenger in Brazil, on the lawless land. That is the key to know how to behave in the mobile messenger, according to lawyer Mrcia Carraro Trevisioli. As explained by the specialist in Civil, Social and Family Law, threats, offenses, racial injustice and any abusive messages exchanged in the application can lead to penalties such as indemnity payment and even imprisonment.
Possible punishments are applicable both for individual conversations and in group chats, deserving special attention in this second case. This is because group members can be held responsible for content that other people have submitted. To better understand the rights and duties within the messaging app, check out five guidelines from the lawyer below.
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1. What kind of message is considered criminal?
The configuration of crimes such as calamity, defamation, insult, racial prejudice and threat, obviously depends on the content of the messages sent. According to Mrcia Trevisioli, the responsibility of the person who sent the message exists in any situation, even if the offended person is not in the group, as long as he has learned of the offense.
2. Can WhatsApp be used as evidence in a process?
Yes. The messages exchanged are evidence of what was dealt with in that communication. Contents can be used both for and against people who were part of the conversation, be it between two or more individuals.
Texts, photos, videos, audio and other files sent by WhatsApp can serve as evidence in a judicial process Photo: Helito Bijora / dnetc
3. What are the possible penalties for abusive messages sent by WhatsApp?
The sending of abusive messages by chat applications, be it WhatsApp, Facebook Messenger or any other, can characterize the practice of punishable acts in the criminal and civil spheres. As the lawyer explains, in general, the penalties can be financial, such as the payment of indemnity, or even imprisonment, when adopting practices of conduct classified as a crime that have this punishment foreseen.
4. Can I be held responsible if a message of mine "leaks" from WhatsApp?
Yes. The responsibility for transmitting data, information, images, news, among others, goes far beyond the group in which the circulation took place. If you share a "nude" of someone in a group, for example, and someone else posts the photo elsewhere, you can be held responsible and penalized for doing so.
"We had a case in which a friend took another's cell phone and fired torpedoes at a third person with personal issues, which, in a way, caused discomfort. In this specific example, she was promoted to compensation, including with consequences in the sphere criminal, "says Mrcia.
"In other words, it is not just the use of this application (WhatsApp), which really came to change the form of contemporary communication, but the duty to keep data and information that the individual has with regard to technological access", adds the lawyer .
Administrators and WhatsApp group members can be held responsible for criminal messages even without expressing their opinion. Photo: Helito Bijora / dnetc
5. Can I be held responsible if I join a group with offensive messages?
Yes. The administrator or members who participate in a group with offensive messages can be held responsible for these contents, even if they did not send or comment on them. "If you participate in a group in which this type of communication occurs, be aware, because silence does not exempt you from guilt. The ideal is that you demonstrate your disagreement with the fact, guides Mrcia Trevisioli.
I am a victim of offensive messages: what to do?
According to the lawyer, the user who is a victim of a cyber crime must initially collect the information, record the occurrence through a notarial act and register a police report. "If there is no specialized police station in your city, you can register the BO in any police station. Because the virtual environment is very vulnerable, collecting the information and registering it is essential for proving the facts", he concludes.
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