The first Brazilian court decision on spam ruled in favor of the spammer. The court held that unsolicited commercial emails are equivalent to traditional mailing lists and are necessary for healthy marketing practices. Additionally, the court determined the plaintiff's right to privacy was not infringed. While Brazil has no specific anti-spam law, the decision went against international practice and consumer protection laws. Several bills to regulate spam through opt-in or opt-out systems with fines for noncompliance are being considered by the Brazilian government.

1. W orld eBusiness Law Report - Spam Page 1 of 1
This printed article may not be photocopied and is for the exclusive use of Ms Erica
Aoki. For a multi-user licence please contact Alan Mowat on +44 20 7234 0606.
March 28 2002 - Brazil Stroeter, Royster & Ohno - Advogados
Associated wíth Steel Hector & Davís LLP
Screen Version
First Brazilian decision on spam takes wrong turn
In the fírst decision in Brazil dealing with spam, the State Court of Mato Grosso do
Sul held that the sending of unsolicited commercial email is equivalent to a traditional
mailing-Iíst system and is necessary to establísh healthy marketing practíces. The
court also held that the plaintiffs right to privacy was not infringed, and therefore
denied the plaintiffs elaim for R5,OOOin damages.
Although no Brazilian law speeifically regulates spam, it is surprising that the eourt
did not follow international practiee or look to existing law (eg, Brazil's Consumer
Protection Code) to find for the plaintiff.
There are several bílis dealing with spam that are beíng eonsidered by the
government. Hopefully, one of these will be enaeted shortly, c1early adopting either
an opt-in or opt-out system and imposing fines on those marketers who do not
comply.
J
Eríca Aokí, Moreíra Lima Royster & Ohno - Advogados Assocíated wíth Steel Hector
& Davís LLP, São Paulo
"- © Copyright Globe Business Publishing 2002 Terms & Conditions
http://www.worldebusinesslawreport.com/index.cfm ?selectedpub= 1,8&action=dsp _item&id... 6/11/02