RSS
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.
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)
Dear Brazil:
-Luv, everybody.
[ reply to this | link to this | view in thread ]
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 thread ]
Tired
[ reply to this | link to this | view in thread ]
It's the lawyers
"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 thread ]
?? 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 thread ]
I know that movie.
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 thread ]
Just for Grins
[ reply to this | link to this | view in thread ]
Re: I know that movie.
And if they Googled it because they randomly heard her name coupled with "pedophile" somewhere and wanted to learn more about it, she would only be absolved, as the person searching for the terms would learn, "Oh, that's just from a movie."
Ah, if only people gave these things some thought before suing.
[ reply to this | link to this | view in thread ]
Re: Re: I know that movie.
[ reply to this | link to this | view in thread ]
Re: I know that movie.
[ reply to this | link to this | view in thread ]
Re: Just for Grins
Wow - Bing has improved then...
[ reply to this | link to this | view in thread ]
Re: Re: I know that movie.
; P
[ reply to this | link to this | view in thread ]
Process number
[ reply to this | link to this | view in thread ]
Re: Re: I know that movie.
Incidentally the words should be spelled "Paed.." a pedophile is actually a foot fetishist...
[ reply to this | link to this | view in thread ]
Re: Re: Re: I know that movie.
[ reply to this | link to this | view in thread ]
Re: Re: I know that movie.
[ reply to this | link to this | view in thread ]
court system in Brazil is "tired"
===========================
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 thread ]
Xuxa that rings a bell...
[ reply to this | link to this | view in thread ]
Re: It's the lawyers
[ reply to this | link to this | view in thread ]
Re: Dear Brazil:
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 thread ]
[ reply to this | link to this | view in thread ]
Re: Re: Just for Grins
[ reply to this | link to this | view in thread ]
Re: Re: Just for Grins
[ reply to this | link to this | view in thread ]
Can we call this the Xuxa Effect?
[ reply to this | link to this | view in thread ]
Bye Bye Brazil
[ reply to this | link to this | view in thread ]
"Block" content?
[ reply to this | link to this | view in thread ]
Re: Re: Re: I know that movie.
http://www.merriam-w ebster.com/dictionary/pedophile
[ reply to this | link to this | view in thread ]
[ reply to this | link to this | view in thread ]
Xuxa
[ reply to this | link to this | view in thread ]
[ reply to this | link to this | view in thread ]
Will Brazilian Blowout try to censor the net next?
[ reply to this | link to this | view in thread ]
Re: Tired
Binocular manufacturers now responsible for what is viewed through their optics.
[ reply to this | link to this | view in thread ]
[ reply to this | link to this | view in thread ]
Re:
[ reply to this | link to this | view in thread ]
Add Your Comment