An eight -year -old girl, Sarah Raíssa Pereira died in Federal district after allegedly participating in a viral challenge in tiktok involving the inhalation of deodorant.
The case, which took place last week, raises questions about the Platform responsibility in relation to dangerous content and to SAFETY OF MINORS .
Last Thursday (10), Sarah Raissa was taken to the Ceilândia Regional Hospital (HRC), in the Federal District, after inhaling the gas from an aerosol deodorant, which resulted in a cardiorespiratory arrest.
What is known about the girl who has inhaled deodorant in challenge at Tiktok
Despite being resurrected about an hour later, the girl did not have neurological reflexes, leading to the confirmation of brain death.
The death was officially declared on Sunday (13), when the family also registered the police occurrence. The Federal District Civil Police (PCDF) investigates how the child had access to the challenge and seeks to identify those responsible for its disclosure.
Expert explains why inhaling deodorant can be fatal
What does the law say?
Law specialists consulted by CNN Brazil differ on the possibility of accountability of the company.
Beatriz Alaia Colin lawyer specializing in criminal law, argues that the criminal liability of the company is unlikely in Brazil. According to her, Brazilian law limits the criminal liability of legal entities to environmental crimes.
“The company could not be held responsible, since in Brazil the only crimes that can be committed by legal entity are the environmental,” he says.
In addition, the lawyer questions the existence of a legal duty from Tiktok in preventing deaths from viral challenges. Police will notify Tiktok after child dies in the challenge of the deodorant .
Internet Civil Mark and content removal duty
Other experts advocate the possibility of civil accountability from the platform. ANTONIELLE FREITAS specialist in privacy and data protection and cyber security, points out the Internet Civil Mark (Law No. 12,965/2014) a General Data Protection Law (LGPD – Law No. 13.709/2018) the Statute of the Child and Adolescent (ECA – Law No. 8.069/1990) and the Consumer Protection Code (CDC – Law No. 8.078/1990) as legal instruments that could support Tiktok’s liability.
“There may be liability of the platform, if it is proven that the platform has failed to monitor and remove hazardous content,” he says.
According to Freitas, if the platform was notified of the dangerous content And it has not taken appropriate measures to remove it, it can be held responsible. She highlights vulnerability of children and adolescents In the online environment.
Jurisprudence
FERNANDO DE JESUS SANTANA specialist in private law, agrees with the possibility of liability based on the Marco Civil da Internet .
Police institutes inquiry after death of a child in challenge over the internet
He cites the discussion in the courts about the responsibility of the platforms, even without court order, mentioning the manifestation of the STF Minister Barroso in 2024, who argued that the platforms should be more proactive in content moderation . Santana raises the hypothesis of the challenge to fit as induction or instigation to suicide.
“In the case as the present, of the young woman of Ceilândia, it is evident that the publications posted on the social network that led her to participate in the mentioned” Internet Challenge ” – which consisted of the inhalation of aerosol deodorant – gave rise to the effective criminal practice provided for in Article 122 of the Penal Code, which refers to induction or instigation to suicide,” he exemplified.
SAFETY AND SAFETY MEASURES
Experts considered that the possible consequences for Tiktok, if they are held responsible, include fines , warnings , temporary suspension of activities , compensation and the imposition of Monitoring Measures more rigorous. THE parental surveillance and the digital education They are pointed out as essential preventive measures by the experts.
Janja calls for regulation of networks after death of child by deodorant
Sarah Raíssa’s parents can seek tiktok’s liability through complaint to the authorities , lawsuit and collaboration with Police investigations . Antonielle Freitas cites the case of ANTONELLA SOMERO In Italy, where the regulator imposed restrictions on Tiktok after the death of a child in a challenge.
THE CNN Try to contact the Tiktok For a position on the case, but did not get a return until on = moment. The space is still open.
This content was originally published in Deodorant Challenge: Can social network be held responsible? Understand on CNN Brazil.
Source: CNN Brasil
I’m James Harper, a highly experienced and accomplished news writer for World Stock Market. I have been writing in the Politics section of the website for over five years, providing readers with up-to-date and insightful information about current events in politics. My work is widely read and respected by many industry professionals as well as laymen.
