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

[Vanda UOL]

Thank you Ivar. There is a lot of controversial arguments to support such
decisions. 

Abraços,

Vanda Scartezini

De: governance-request at lists.igcaucus.org
[mailto:governance-request at lists.igcaucus.org] Em nome de Ivar A. M.
Hartmann
Enviada em: quarta-feira, 26 de setembro de 2012 11:20
Para: governance at lists.igcaucus.org; Salanieta T. Tamanikaiwaimaro
Cc: Roland Perry
Assunto: Re: [governance] Another case of local laws affecting a global
content supplier

 

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
-- 
Roland Perry



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-- 

Salanieta Tamanikaiwaimaro aka Sala

P.O. Box 17862

Suva

Fiji

 

Twitter: @SalanietaT

Skype:Salanieta.Tamanikaiwaimaro

Fiji Cell: +679 998 2851 <tel:%2B679%20998%202851> 

 

 

 



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