[governance] Another case of local laws affecting a global content supplier

[Ivar A. M. Hartmann]

Sala,

the truth is that Brazil has been witnessing an avalanche of content
removal orders for quite a few years now. This explains its position on
Google's Content Removal ranking.
The constitutional provision on free speech brings along a blanket ban on
anonymity. The current constitution (1988) came after years of a military
dictatorship and before that we never had a systematic and effective
constitutional review system. The result is the lack of a culture of free
speech. Prior restraint is rampant and content removal, as well as rulings
awarding damages are based on highly subjective criteria such as violation
of a person's "honor".
For a more detailed description, have a look at the Brazil section of the
newly released Freedom on the Net 2012 report -
http://www.freedomhouse.org/report/freedom-net/2012/brazil

Best,
Ivar


On Wed, Sep 26, 2012 at 2:33 AM, Salanieta T. Tamanikaiwaimaro <
salanieta.tamanikaiwaimaro at gmail.com> wrote:

>
>>
>> The judge ordered the removal of the videos last week, but Google has
>> refused to remove them and says it is appealing.
>>
>> This is a fascinating case and one which the Courts in Brazil will view
> as "contempt". What is not known to me is whether Google had applied for a
> stay pending appeal as the report seems silent on the matter. I must say it
> is interesting to see the different treatments in Korea, Brazil etc.
>
>
>> It says it is not responsible for the content posted on its site.
>>
>> This makes a fascinating comparative exercise. 2012 seems to be the year
> of an avalanche of these sorts of cases.
>
>
>> According to Brazilian media, the videos in question suggest Alcides
>> Bernal - a mayoral candidate in the city of Campo Grande - is guilty of
>> committing crimes.
>>
>> I wonder if there are elements of truth which make it a defence in these
> sorts of tort or whether it was someone's idea of a prank.
>
> Judge Flavio Peren, who sits at a regional electoral court in Mato Grosso
>> do Sul state, ruled the videos violated local election laws."
>>
>> Be great if our friends from Brazil and there are many on this list could
> help give some perspective to the matter.
>
>>  http://www.bbc.co.uk/news/**world-latin-america-19724403<http://www.bbc.co.uk/news/world-latin-america-19724403>
>> --
>> Roland Perry
>>
>>
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>
>
> --
> Salanieta Tamanikaiwaimaro aka Sala
> P.O. Box 17862
> Suva
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>
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