Acórdão indifere reclamação da Wikimedia Foundation, que contestava decisão da Relação de Lisboa de mandar apagar conteúdos de páginas sobre o empresário luso-americano e identificar os seus autores.
Court Upholds Content Removal and Sanctions Against Wikipedia
The Constitutional Court has rejected the Wikimedia Foundation's appeal regarding the ruling by the Lisbon Court of Appeals, which ordered the removal of certain content and the identification of all editors of Wikipedia pages dedicated to Luso-American businessman César DePaço. The ruling also stipulated a fine of 500 euros for each day of non-compliance.
In Judgment No. 282/2025, authored by Justice Rui Guerra da Fonseca, the Court held that the issue of constitutionality had not been raised in a procedurally appropriate manner by the Wikimedia Foundation. As a result, it dismissed the complaint submitted to the Constitutional Court, declined to consider the subject matter of the appeal, and ordered the complainant to pay legal costs.
The case concerned a constitutional appeal, following a previous appeal by the Wikimedia Foundation to the Supreme Court of Justice, which was also denied, thereby upholding the decision by the Lisbon Court of Appeals.
In the Lisbon Court of Appeals ruling dated July 13, 2023, the Wikimedia Foundation was ordered to remove from Wikipedia pages “criminal allegations allegedly committed by César DePaço in 1989,” as well as related legal proceedings, the existence of the DePaço Foundation, the businessman’s dismissal from the position of honorary consul of Cape Verde, and his inability to obtain any Portuguese documentation.
Furthermore, the Wikimedia Foundation was ordered to identify all editors who added such content to the Wikipedia pages about César DePaço, and to pay 250 euros for each day of delay in complying with these rulings.