Why was the porn producer Brasileirinhas taken down by Instagram?

Considered the largest producer of porn films in the country, Brasileirinhas won the TJSP (São Paulo Court of Justice) the right to take back the account with the verification seal, which had been deactivated on Instagram. The company has been fighting a legal dispute with the platform since 2021, which in early August lost an appeal that forced it to reactivate the producer’s profile.

The verification seal is what makes a profile authentic on social networks, indicating that that account is a legitimate representative of the person or company to which it is linked.

According to the CEO of Brasileirinhas, Clayton Nunes, without the profile verified, cybercriminals were taking advantage of the breach in authenticity to create users with the company’s name and apply scams against actresses and actors who are candidates to star in erotic productions.

“We had several reports of girls who had been deceived with proposals to earn a lot of money if they recorded a sex video and they were approved. The damage to the brand is absurd because they were impersonating us, making absurd promises, combining high values, saying that of a test for the company”, commented the CEO to tilt.

Why did Instagram decide to bar Brasileirinhas?

The case has been pending at the TJSP since May 27, 2021. Brasileirinhas decided to seek the right in court after its account “@official_brasileirinhas” was banned from Instagram.

The company claimed in the lawsuit that it still tried to create similar ones (@official.brasileirinhas and @brasilerinhas_official), but that it also suffered from the same measure, which forced it to file the lawsuit.

Instagram, on the other hand, claimed that the producer “violated the policies for the use of the service, in view of the delivery of content related to the sexual approach”.

The basic rules of coexistence are maintained by the usage policies of the Instagram service, as in any club or community, without this representing any act of censorship or restriction of freedom of expression. Instagram in the process.

Mark Zuckerberg’s company also argued that “all users are unequivocally aware that, when registering on the Instagram service, there is a contractual guarantee that the broadcasting of content related to the sexual approach is prohibited”.

Brasileirinhas, however, considered in the process that Instagram did not treat it with “isonomy” because other erotic film producers have verified accounts on the platform and did not suffer to the same extent, as is the case with Sexy Hot and Playboy.

The lower court ruled in favor of Brasileirinhas on February 7, 2022, which was confirmed on August 2 by the TJSP, which analyzed and denied the appeal filed by Instagram.

The appeal’s rapporteur, judge Hertha Helena de Oliveira, stated that “the allegation of serious breach of contract, when conveying content related to sexual approach, does not prosper, since there are other companies, as can be seen from the evidence brought, that convey the same content, and bear the seal of authenticity”.

The magistrate also pointed out that Instagram could not prove that Brasileirinhas has published explicit sexual content.

“There are other producers of pornographic films and erotic and sexual content that use the application, and have the seal of authenticity, and it is not said that they have been removed. On the other hand, the defendant has not provided any proof that the author has published explicit pornographic content. in your account, since the films are not published on Instagram, being available on the company’s website”, pointed out the judge, who also removed the connotation that Brasileirinhas promotes prostitution.

“The author [Brasileirinhas] is dedicated to the production of pornographic films, not to the promotion of prostitution”.

wanted by tilt to comment on the defeat in court, Instagram said it will not comment on the matter.

Without Instagram, Brasileirinhas had a name used in scams

The TJSP ruling in favor of Brasileirinhas was published on August 5, but the parties have not yet been notified of the decision.

Clayton Nunes says that the official account required by the producer was also not reactivated on Instagram.

The producer’s CEO says he hopes the decision will stem the blows on behalf of the company on the internet.

Due to the lack of the verification seal, scammers created profiles with the name of Brasileirinhas, arranged false tests with women, had sexual relations with victims and recorded without paying the agreed amount.

Victims had sex with them [golpistas], recorded videos and that the amount would be paid by the company if the video was approved. We received several emails from people wanting us to pay the amounts that were promised and most of the time they even thought it was someone from our team. Now imagine the damage that a victim like that does to our brand, saying they did tests and didn’t get paid telling others that we were deadbeats. Clayton Nunes.

“We hope that these cases do not happen again, since having the seal makes it easier to find the brand and denounce the scammers”, added the businessman, who created the reserve account “@brasileirinhas_filmes01” while the old one is not reactivated.

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