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.

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  1. identicon
    BadgerRush, 25 Sep 2012 @ 3:20pm

    Also, the article mentioned it was an overreaction because the video was “about one local mayoral candidate”. That is bad rhetoric I didn't expected. All the elections in Brazil deserve the same protection from election fraud and election crime, it doesn't make any difference if it is an election for president of Brazil or election for mayor of a tinny city in the middle of nowhere. This was not a civil case that can be fixed with a fine, this is a criminal issue.

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