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Secret application is removed from the Brazilian App Store after determination of justice [atualizado 2x]

Where does the right to freedom of expression go? In an Election year, this question is frequently on the agenda, but when an application in which, in theory, you can say what you want in anonymity quickly becomes popular, this issue is no longer just a conversation and reaches the courts en masse.

THE Secret It is not a new application, but only a few weeks ago it became popular in Brazil and, as a viral disease, overnight they had all installed it on their smartphones. Your objective? A social network in which we can post sayings or photos, enjoy and even comment on everything anonymously. I'm sorry, but I think it would be quite naive to believe that 100% of users would use it only as something positive.

People shared secrets, thoughts, outbursts, etc. in a more spontaneous way, since no one had any way of knowing who the author of the post was. However, it didn't take long for them to start spreading “information” about that person that you don't like some truths and others less so. And he did not stop there: they began to publish photos, many of them intimate or revealing.

Despite not having an age or spatial restriction, adolescents, inspired by series like gossip Girl and Pretty Little Liars, were the main users and, consequently, the biggest victims. Schools had to mobilize to raise awareness of what was being done, why, yes, expose a person without their proper criminal authorization.

In my case, a school that has almost 11,000 students, the teaching and administrative staff had to set up an off-task to avoid more serious problems among their students. In one of the awareness-raising lectures, Professor Vicente Delorme recalled that exposing a photo of someone, regardless of nature or intent, would hurt a very personal right, that is, in a crime, a crime that in itself is already qualified.

When an application makes it so easy to carry out a qualified crime, it is not difficult to imagine where it will end. And stopped. Not less than a few weeks after the app became popular, and hundreds of lawsuits filed all over Brazil against calamity, defamation, unauthorized exposure, among other various crimes, an Esprito Santo judge ordered the app to leave Google's Apple stores and Microsoft in up to ten days requiring it to be removed from users' phones.

Secret removed in Brazil

The first part has already been done: the Secret cannot be downloaded any more from the App Store, but removing it remotely from the devices I think will be somewhat complicated. If that was the right measure? I would say no. The application cannot be punished for the misuse of users who should have been punished should have been the users themselves. If I were the developer, it would open up a more efficient way of identifying whoever published something proven to be slanderous.

It is not the first and it will not be the last country where the Secret passes causing controversy, and I doubt that this story will end without the right of a reply from the company, not least because it is much more convenient to “kill” the problem in a generalized way, without effectively seeking those guilty of the crime. crime. But who am I to question the order of a judicial authority? We cannot take the risk that he will also order our exit from the air.

Where did freedom go, as said, a very personal right? Were there criminals in the middle? Certainly. But who in fact was punished, should he have been? So who really violated the right of others, we still cannot define.

via Olhar Digital, Tecnoblog

Update 08/22/2014 s 11:00

As some readers recalled, according to Article 5 item IV of the Brazilian Constitution, “free expression of thought, anonymity being forbidden”, which leads us to believe that, as long as there is no effective way to identify who is behind of the claimed posts, the use of the application becomes unfeasible in Brazil.

Update II, by Eduardo Marques 09/13/2014 s 16:26

The Esprito Santo justice overturned the injunction that suspended the Secret app in Brazil. More information in this article.