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Revista de Derecho (Universidad Católica Dámaso A. Larrañaga, Facultad de Derecho)
versão impressa ISSN 1510-3714versão On-line ISSN 2393-6193
Resumo
RIVERA MONTADO, Gonzalo; GARCIA SCAVINO, Joaquín; SEGUI LOPEZ, Luis e MENENDEZ DOMINGUEZ, Santiago. Moral Damage Inflicted on Relatives by the Dissemination of a Deceased and Mutilated Loved One’s Body on YouTube. Commentary on Ruling No. 83/2022 of the 3rd Civil Appeals Court of Uruguay. Rev. Derecho [online]. 2024, n.30, e4180. Epub 01-Dez-2024. ISSN 1510-3714. https://doi.org/10.22235/rd30.4180.
This commentary aims to analyze Ruling No. 83/2022 of Uruguay’s 3rd Civil Appeals Court concerning a moral damage claim brought by the relatives of a deceased individual whose mutilated image was shared on YouTube. The analysis includes a review of the case, in which the victim's spouse and minor child sought $50,000 in damages. The Court upheld the illicit nature of the defendants' actions, emphasizing that disseminating images without consent violates the rights to privacy and image and is not justified by public interest. The Court concluded that the defendants are liable for the viralization of the content, as their actions were negligent and the resulting harm foreseeable
Palavras-chave : illegality; moral damage; right to image; privacy; foreseeability.