[governance] Brazil: president of Google arrested - liability of intermediaries

[Carlos A. Afonso]

Let us make sure we understand what happened:

1 an Internet user posts a video on Youtube which is considered 
offensive by someone else (be this a politician or anyone else);

2 this someone else obtains from a judge an order for the host to remove 
the offensive content (fair enough, this is an electoral process, the 
someone else in the case is a candidate, and the tribunal is an 
electoral tribunal with the constitutional mission to ensure free and 
fair elections);

3 the host refuses to do so.

This is precisely what happened.

The real issue of free expression lies between [1] and [2]. If the host 
does not comply with [3], I think in most legislations in democratic 
countries the consequences would be the same.

In nearly all press stories about the case, no one mentions (or is 
interested in knowing about) the originator of the supposedly offensive 
content versus the offended, and keep focusing just on [3]...

frt rgds

--c.a.

On 09/27/2012 12:28 PM, Marilia Maciel wrote:
> Good article from EFF that explains the most recent juridical absurd in
> Brazil: the arrest of the president of Google. Contradictory decisions
> concerning the liability of intermediaries are common place in our
> Judiciary. Let's hope Marco Civil is voted in Congress soon, despite the
> lobby against it by telcos, especially because of its net neutrality
> provision. These companies, which have managed to influence the government
> through the Ministry of Communications, have successfully postponed the
> examination of the Bill for after the election period.
>
> https://www.eff.org/deeplinks/2012/09/shooting-messenger-brazil
>
> Marília
>

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