The court denied the ruling, which was classified in the decision as “excessively broad and subjective”.
Current vice-president of the entity, Sica had requested that all messages related to a police report from 2010 be removed.
In a decision this Wednesday (13), judge Ana Carolina Gusmão de Souza Costa of the 5th Civil Court of São Paulo denied the request for removal, which had been made urgently.
She stated that she did not see elements to make an immediate decision, before the opposing party had been integrated into the action. The lawsuit was brought against Facebook — both the social network and the messaging app belong to the same company, Meta. It also rejected the request for the process to be carried out in secret.
A Sheet contacted the candidate’s advisor, who has not yet commented on the decision.
In 2010, Sica was accused by his then wife of having assaulted her in the midst of a separation process. She filed a police report, but the case ended up going no further.
In the process filed on Monday (11), Sica maintained that adulterated and defamatory content is being propagated by , with his and his ex-wife’s personal data.
According to the judge, as stated in the records, “there is no manifestly untrue news or clear disconnection between the facts investigated and those reflected” in the messages highlighted by Sica in the action.
He also spoke of “a fact pertinent to the political debate, whose interpretation and weighing are up to the voters and not the candidates”, adding that “the class entity itself even prohibited the registration of those who practice domestic violence, ‘regardless of the criminal instance'”.
In the lawsuit filed against Facebook, Sica states that the episode related to the police report was brought to light again “in a decontextualized and defamatory way, in order to generate uncertainty regarding his nature, honor and morality”. He also says that the case “did not result in any criminal conviction” and that there is the intention of undermining his candidacy for the presidency of the São Paulo section of the .
“This bulletin reports a discussion between the author [Sica] and his ex-wife, which occurred in 2010, in which there was a disagreement that culminated in a police report. However, the case was duly clarified and did not result in any criminal conviction”, stated in Sica’s initial request.
He also asked for “the sharing of defamatory or untrue messages” related to him in private WhatsApp groups and chats to be “prohibited.”
According to the first-degree judge, any sensationalism or excessive language, although sometimes regrettable, “does not imply, in itself, an offense to honor”.
“Although, hypothetically, implementation is presumed to be technically viable, the granting of an injunctive order, as formulated, would imply, obliquely, true editorial profligacy of dubious constitutionality, representing, due to its vagueness and imprecision, a relevant risk to potentially harbored manifestations for freedom of expression,” he said.
At Sica’s request, images of WhatsApp messages had been reproduced that mix excerpts from on the subject along with other additional content and comments.
The aforementioned report reported that Sica had filed a criminal complaint against the lawyer of one of the opposition parties in the election, after mentioning the accusation of domestic violence.
“Once again, my opponents are trying to resurrect this point that has already been overcome to obtain political-electoral gains, with the sole objective of manipulating the scenario for their own benefit. To confront my opponents against this attempt, the only answer is to seek justice to defend integrity of everyone involved”, declared Sica.
A Sheet He also sought Facebook to comment on the lawyer’s request, but there has been no response yet.
