[governance] Google's officer with detention order in brasil

[Carlos A. Afonso]

Hmmm... let us see:

On 09/28/2012 01:31 PM, Milton L Mueller wrote:
[...]
>
> According to one Brazilian commentator I interacted with, the law in
> question is a holdover from Brazil's dictatorship period. Even if it
> were not, the law in question is an anachronistic attempt to control
> all public discourse about candidates prior to an election (e.g., it
> would even be illegal to wear a T-shirt with a candidates' name on
> it).

Not true at all! People are free to wear what they want. Cars often 
display posters of candidates. People cannot carry posters, cartels or 
wear shirts mentioning candidates *only* in the voting area during the 
election day's voting period.
[...]

> Google or any other multinational social media provider isn't
> perfect. But terms of use constitute a private ordering that users
> can opt out of if they don't use the service. Who in Brazil (or any
> other country) gets to opt out of dumb laws and dumb judges?
[...]

The service might be free and fully under the responsibility of a 
private organization, but access to the info is public. And, during the 
short period of electoral propaganda, there is not proper time for 
lenghty litigation... thus the electoral tribunal.

Ivar is right -- the center of the problem is free expression --, but 
once a judge decides there is a defamation violation, the rest of the 
procedure follows and of course the "messenger" has full right to appeal 
(which Google did, but was turned down).

Curiously, the candidate in question is terrible, the documentation 
shown in the video seem unquestionable, but there has been no due 
process of law to establish him as guilty so far.

[]s fraternos

--c.a.

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