Brazilian TV Host Gets Court To Demand Google Censor Results Pointing To A Movie She Was Once In

from the right-to-forget? dept

While we were encouraged by a proposal in Brazil that would make it much more difficult to get content taken down without a trial or giving whoever put the content up a chance to respond (and also by a proposal to make fair use equally as important as copyright), to date, Brazilian courts have a tragically bad history of enforcing censorship based on content someone doesn't like. Google, for example, has been on the losing end of lawsuit after lawsuit after lawsuit after lawsuit in Brazil -- and all of it over third party content.

The latest such example comes from reader Fabop, who notes that Xuxa Meneghel, a well-known host of a Brazilian children's TV show has been able to get the courts to issue an injunction against Google (Google translation of the original Portuguese) because she was upset at the results that came up when people did a search for "Xuxa pedophile."

If you're wondering why people would do such a search -- or why there were Google results on it, apparently, back in 1982, Xuxa Meneghel started in a film, Amor, Estranho Amor (Love, Strange Love) in which she played a pedophile prostitute who seduces an 11-year-old boy. Of course, that's factual information -- but she's upset that when people search on those terms, it returns articles about the movie, and pictures from the movie. This seems somewhat similar to the various attempts to create "right to forget" laws in Europe. Apparently, Meneghel has even been successful in getting the actual movie banned from distribution, even though the company who owns the film rights would like to continue distributing it.

Google is apparently a bit upset that this temporary injunction was issued without anyone bothering to inform Google (Google translation from the original Portuguese, and it sounds like the company will try to fight the injunction.

The company points out -- accurately -- that it's merely indexing the content that's out there, and is not responsible for it. However, Xuxa's lawyer mocks them for this claim, saying that Google can and should block such content, and that the court system in Brazil is "tired" of deciding whether or not search engines are responsible for the content to which they link.


Reader Comments (rss)

(Flattened / Threaded)

  •  
    icon
    :Lobo Santo (profile), Nov 15th, 2010 @ 10:57am

    Dear Brazil:

    No more Google anything for you!
    -Luv, everybody.

     

    reply to this | link to this | view in chronology ]

    •  
      identicon
      Anonymous Coward, Nov 15th, 2010 @ 12:44pm

      Re: Dear Brazil:

      This would be the simplest solution.
      Though they they would have to go after each other search engine one at a time.
      Maybe the better solution would be just cut them off from the Internet.
      That way they wouldn't have to worry about what's out their.

       

      reply to this | link to this | view in chronology ]

  •  
    identicon
    Anonymous Coward, Nov 15th, 2010 @ 11:11am

    Was she not aware of what the film was about when she APPEARED IN IT?

    Screw 'right to forget'. There should be 'forced to make peace with stupid things you've done'.

     

    reply to this | link to this | view in chronology ]

  •  
    icon
    Steven (profile), Nov 15th, 2010 @ 11:21am

    Tired

    I am also tired of the court system "deciding whether or not search engines are responsible for the content to which they link". You would think by now any lawsuit that asserts this ridiculous claim would be quickly laughed out of court. Sadly this is not yet the case.

     

    reply to this | link to this | view in chronology ]

  •  
    icon
    pringerX (profile), Nov 15th, 2010 @ 11:24am

    It's the lawyers

    They just want of the piece of the pie that Google baked. It might be interesting to watch Brazil fall flat on its face if Google just shut down services there for a few days, but sadly that won't happen.

    "Right to forget" is not unreasonable, if it being applied to private information made public without the consent of the person in question-like medical records. But I suspect most of the information people want quashed is public anyway, so a proper "right to forget" law that obeys freedom of speech would be moot in many, if not most cases.

     

    reply to this | link to this | view in chronology ]

    •  
      identicon
      Roberta Fernandes, Nov 15th, 2010 @ 12:27pm

      Re: It's the lawyers

      Do you think us brazilian agree with what those lawyers are doing? this woman had a problem with internet before (twitter, precisely), so is about one person's issue, and not the whole population.

       

      reply to this | link to this | view in chronology ]

  •  
    icon
    Robert Ring (profile), Nov 15th, 2010 @ 11:28am

    or why there were Google results on it

    ?? Google will return results for practically anything. I doubt there's any combination of [name] + "pedophile" that would return 0 results.

     

    reply to this | link to this | view in chronology ]

  •  
    icon
    Chronno S. Trigger (profile), Nov 15th, 2010 @ 11:30am

    I know that movie.

    Got no idea what it's about, but she's good looking.

    She's an actress that plays a pedophile in that movie. How is that not an accurate search? The results aren't claiming she is a pedophile, just that she played one in a movie once.

     

    reply to this | link to this | view in chronology ]

  •  
    identicon
    Another AC, Nov 15th, 2010 @ 11:38am

    Just for Grins

    I just searched thru Bing and found what i am sure are similar results to Google. Are they going to systematically go after every search engine?

     

    reply to this | link to this | view in chronology ]

    •  
      icon
      Richard (profile), Nov 15th, 2010 @ 11:44am

      Re: Just for Grins

      I just searched thru Bing and found what i am sure are similar results to Google.

      Wow - Bing has improved then...

       

      reply to this | link to this | view in chronology ]

      •  
        icon
        Berenerd (profile), Nov 15th, 2010 @ 1:19pm

        Re: Re: Just for Grins

        What they do is...behind the scenes...they do a search on google...then change the order a little and reports it...BRILLIANT!

         

        reply to this | link to this | view in chronology ]

      •  
        identicon
        Dishevel, Nov 15th, 2010 @ 1:37pm

        Re: Re: Just for Grins

        No. They just re display the Google results with a couple of random links to Microsoft products.

         

        reply to this | link to this | view in chronology ]

  •  
    identicon
    Anonymous Coward, Nov 15th, 2010 @ 11:46am

    Process number

    Going from the information on the first link and searching on the tribunal's web site, it looks like it is this one: 0024717-80.2010.8.19.0209 (http://srv85.tjrj.jus.br/consultaProcessoWebV2/consultaProc.do?numProcesso=2010.209.024422-0).

     

    reply to this | link to this | view in chronology ]

  •  
    icon
    that_id (profile), Nov 15th, 2010 @ 12:06pm

    court system in Brazil is "tired"

    and that the court system in Brazil is "tired" of deciding whether or not search engines are responsible for the content to which they link.
    ===========================

    I'm pretty certain that Brazil's 'tired' court system will have dug it's own grave with these decisions.
    Since the precedent has now been set, I can only imagine these types of claims will begin to overwhelm the courts very quickly.

     

    reply to this | link to this | view in chronology ]

  •  
    identicon
    trilobug, Nov 15th, 2010 @ 12:21pm

    Xuxa that rings a bell...

    I remember Xuxa (pronounced shoo-sha). It was a kids game show that actually aired in the states in the early 90s. My friend and his brother were actually contestants one show. Xuxa was kinda cute, and I dug the accent, though her toy soldier dances were always hotter than her.

     

    reply to this | link to this | view in chronology ]

  •  
    identicon
    Anonymous, Nov 15th, 2010 @ 1:05pm

    I expect not everyone can understand the design of the internet, but you'd think a judge would take the time to investigate. Google generated the index, but did not write the book.

     

    reply to this | link to this | view in chronology ]

  •  
    icon
    The Groove Tiger (profile), Nov 15th, 2010 @ 1:44pm

    And, of course, if you google Xuxa pedophile now the second top result is a link to Techdirt critizicing Brasil for this move.

    Can we call this the Xuxa Effect?

     

    reply to this | link to this | view in chronology ]

  •  
    icon
    kstahmer (profile), Nov 15th, 2010 @ 2:01pm

    Bye Bye Brazil

    Brazil, if your goal is to make yourself irrelevant and appear ridiculous, you succeeded.

     

    reply to this | link to this | view in chronology ]

  •  
    icon
    interval (profile), Nov 15th, 2010 @ 2:07pm

    "Block" content?

    All google can do is not index the information, it would be up to individual isps to actually "block" the site hosting it. I hope these Brazilian courts understand that.

     

    reply to this | link to this | view in chronology ]

  •  
    identicon
    Paul`, Nov 15th, 2010 @ 4:19pm

    If I were google I'd ask them to phrase their question so it makes sense with the relevant technology. Google can't block shit but it could delete it from its index...

     

    reply to this | link to this | view in chronology ]

  •  
    identicon
    Pantagruella, Nov 15th, 2010 @ 4:24pm

    Xuxa

    I don't think anyone in their right minds would time in a word, a well-known word, that means a fondness for children. The only people who would do that are investigators or monkeys working on a Shakespearean play. I think the laws of the world should agree with anything Xuxa wants. I would imagine Xuxa has profound contempt for children.

     

    reply to this | link to this | view in chronology ]

  •  
    identicon
    Anonymous Coward, Nov 15th, 2010 @ 10:16pm

    I give it 2 weeks till google has Brazil invaded due to a 'mistake'

     

    reply to this | link to this | view in chronology ]

  •  
    identicon
    Anonymous Coward, Nov 16th, 2010 @ 12:50am

    Hope she doesn't use the "Brazilian Blowout" :)

    Will Brazilian Blowout try to censor the net next?

     

    reply to this | link to this | view in chronology ]

  •  
    identicon
    Anonymous Coward, Dec 17th, 2010 @ 8:34am

    She didn't just play a pedophile in the film; she actually had explicit softcore nude love scene with the child actor.

     

    reply to this | link to this | view in chronology ]


Add Your Comment

Have a Techdirt Account? Sign in now. Want one? Register here
Get Techdirt’s Daily Email
Save me a cookie
  • Note: A CRLF will be replaced by a break tag (<br>), all other allowable HTML will remain intact
  • Allowed HTML Tags: <b> <i> <a> <em> <br> <strong> <blockquote> <hr> <tt>
Follow Techdirt
A word from our sponsors...
Essential Reading
Techdirt Reading List
Techdirt Insider Chat
A word from our sponsors...
Recent Stories
A word from our sponsors...

Close

Email This