Online content may infringe personal rights, privacy or a business’s reputation. The appropriate response depends on the nature of the content, the platform on which it appears and whether the infringement is continuing.

Preserve the evidence first

Because content can be deleted or changed, a screenshot alone may not be enough. Record the URL, publication date, account details and full content. Depending on the importance of the matter, a notarial record or another lawful method of preserving evidence may be appropriate.

Contact the platform

Social media platforms and online services may provide different reporting routes for defamation, threats, impersonation, private images, copyright and personal data violations. State clearly which right has been infringed and what action is requested.

Removal and access blocking

Routes available under Law No. 5651 may differ according to the nature of an infringement of personal rights or privacy. A request concerning all content or a particular URL must be considered in light of proportionality. The competent authority and applicable procedure depend on the facts.

Criminal and compensation issues

The same publication may also give rise to suspicion of insult, threats, unlawful disclosure of personal data or another offence. Removing content may have consequences separate from a criminal investigation or a claim for financial or non-financial damages.

• Avoid creating a new infringement when responding to the content.
• In cases involving fake accounts, platform procedures and investigative steps may both be relevant to identifying the user.
• Applicable time limits make prompt assessment important.

This article provides general information and does not constitute legal advice on specific online content.