Ebook: Mulheres expostas: revenge porn, gênero e o Marco Civil da Internet
Author: Alice de Perdigão Lana
- Genre: Economy // Law
- Tags: Revenge porn
- Year: 2019
- Publisher: GEDAI
- City: Curitiba
- Language: Portuguese
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This research assesses the implications of revenge porn, also known as non-consensual dissemination of intimate images, focusing on the women exposed on the internet. At the outset, the context of the elaboration of the "Marco Civil da Internet" (Brazilian Civil Rights Framework for the Internet) is discussed, as well as the theorizations regarding the classification of Internet providers. The method used is the analysis of legal and documentary sources, in particular international literature, by analyzing several elements that make up revenge porn, aiming to criticize the legal framework of the issue. The research aims to expose the complexity of revenge porn in its many faces – such as the legal framework and its many layers in a more meaning-related view. From this, the possibilities of accountability of internet service providers for content posted by third parties are analyzed. The general rule is accountability occurring only after judicial notification; however, art. 21 provides the accountability of providers in cases of non-consensual dissemination of intimate images in the notice and take down model, waiving judicial notification. In the sequence, an analysis of the terms cyberculture, privacy and pornography through authors like Pierre Lévy, Stefano Rodotà and Maria Filomena Gregori is carried out, trying to approach revenge porn in its more discursive characteristics. Then, the theories regarding sex and gender by Donna Haraway and Judith Butler are introduced, with considerations on the concept of performativity of this last author. Adopting a critical attitude to identity, we seek to relate all these concepts to the practice of revenge porn. It is concluded that the legal framework proposed by Brazilian Civil Rights Framework for the Internet, given the complexity of the subject, is insufficient due to structural issues, such as its attachment to a legal identity model.
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