Brazilian Judge Overreacts, Orders Arrest Of Head Of Google's Operations In Brazil Over Refusal To Censor YouTube Video

from the secondary-liabiity dept

We've noted in the past that Brazil doesn't seem to have much of a concept of safe harbors for secondary liability, as it's blamed Google for actions of its users in the past, even once ordering that YouTube be shut down, or blocked due to a video that someone didn't want seen. Once more, the Brazilian courts are at it again. Last week, a judge apparently ordered Google to take down a YouTube video that attacked a mayoral candidate for the city of Campo Grande. Google refused, and the judge, Flavio Peren, has responded by ordering all Google services be shut down for 24 hours and that the head of Google's operations in Brazil, Fabio Jose Silva Coelho, be arrested.

To say that this is an extreme overreaction, would be an understatement. Because of one video, about one local mayoral candidate (which, thanks to this publicity many more people are likely to see), all of Google should be blocked for people in Brazil and the head of Google's operations in Brazil should be arrested? Talk about a disproportionate response. Not only is it extreme, it makes no sense. Google didn't create or upload the video. It's just hosting it. If the video is illegal, blame whoever created it and uploaded it.

Google is appealing the ruling, but it still seems extreme. Google's transparency report has noted in the past that Brazil is perhaps the most aggressive country when it comes to content removal requests -- but that only suggests that someone should be thinking more carefully about how fast the Brazilian courts are to issue these kinds of injunctions without seeming to understand Google's role.

Reader Comments

Subscribe: RSS

View by: Time | Thread


  1. identicon
    BadgerRush, 25 Sep 2012 @ 2:38pm

    Re: Rush Limbaugh debunks itself

    They count, but they need to be analyzed in the proper context. It is simple statistics, if most of the users in Orkut are Brazilian, it is not surprising that most of the take down requests are from Brazil.

    And Nice straw-man by implying that those take-down requests for impersonation where not valid. I'm sure you don't use Orkut so let me explain how it works: unlike Facebook (or even Google+), Google is very liberal in allowing people to create fake profiles impersonating someone and it is really difficult to remove it unless you go to court (or the media, that also work). So I wouldn't be surprised if nearly all those where valid.

Add Your Comment

Have a Techdirt Account? Sign in now. Want one? Register here
Get Techdirt’s Daily Email
Use markdown for basic formatting. HTML is no longer supported.
  Save me a cookie
Follow Techdirt
Techdirt Gear
Show Now: Takedown
Advertisement
Report this ad  |  Hide Techdirt ads
Essential Reading
Techdirt Deals
Report this ad  |  Hide Techdirt ads
Techdirt Insider Chat
Advertisement
Report this ad  |  Hide Techdirt ads
Recent Stories
Advertisement
Report this ad  |  Hide Techdirt ads

Close

Email This

This feature is only available to registered users. Register or sign in to use it.