Court in Sao Paulo orders YouTube to take down anti-Islam film or face $5,000 a day fine

[rachel1]

Source: Associated Press

A court in Brazil said it has ordered YouTube to remove clips of the movie that has touched off deadly protests across the Muslim world, the latest in a spate of court-ordered content-removal cases against the video-sharing site here.

Sao Paulo-based judge Gilson Delgado Miranda gave the site ten days to remove videos of "Innocence of Muslims," which has raised the ire of many Muslims around the world because of its depiction of the Prophet Mohammed and his followers as thugs. After the 10-day window, YouTube's parent company, Google Inc., will face fines of $5,000 a day for every day the clips remain accessible in Brazil, according to the statement posted on the court's website late on Tuesday.

The company did not respond to requests on Wednesday for comment about the case.

The ruling adds a legal hurdle to Google's attempts to expand in Brazil. In recent weeks, Brazilian courts have repeatedly ordered the company to remove content from YouTube that was found to violate the country's strict electoral laws, and a judge on Tuesday ordered the arrest of the head of Google's operations in Brazil for failing to remove the offending videos.

Read more: http://www.newser.com/article/da1hm0bg2/court-in-sao-paulo-orders-youtube-to-take-down-anti-islam-film-or-face-5000-a-day-fine.html

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It's a good thing there's at least some justice in this world.

Bravo to Judge Gilson Delgado Miranda.

[Comrade_McKenzie]

1. Are you kidding me? That judge is a disgrace. nt

[Drunken Irishman]

2. For a second there, I thought you were talking to yourself.

[alp227]

36. From an American POV yes. But Brazilian law is different.

http://en.wikipedia.org/wiki/Hate_speech#Brazil

In Brazil, according to the 1988 Brazilian Constitution, racism and other forms of race-related hate speech are "imprescriptible crime(s) with no right to bail to its accused".

[NICO9000]

3. How do they have jurisdiction to do this?

Any DU lawyers in international law here? I'm very curious about this.

[dipsydoodle]

5. wtf has International law got to do with it.

Can't really see Youtube pushing their luck - Brazil could shut them down completely if they wanted to. Your constitution has no merit or meaning outside of the US so don't quote freedom of speech.

[davidn3600]

14. You say our constitution has no power outside the US, yet a Brazil judge has power over the USA?

Brazil can block access for people within Brazil. But they have no power over an American company that operates outside of Brazil.

Lets see Brazil try to block google and youtube. Let's see what their population does in response.

This ruling is hollow. Courts in other nations have no jurisdiction over American companies that operate outside their borders.

[dipsydoodle]

23. They're not exercisng power over a US company.

They're determining what can and cannot be accessed within their own borders.

[ProgressiveProfessor]

22. Only within Brazil

And the guys at Google could cut off all of Brazil and not even miss them.

[ProgressiveProfessor]

6. The ban is only in Brazil (on edit, maybe not)

Last edited Wed Sep 26, 2012, 06:31 PM - Edit history (1)

It would be more interesting if Google cut off all access from a nation's IPs to all of their services. Better still if ISP and transit carriers declined to carry packets from those IPs. All of that is perfectly legal and might get their attention.

On edit: Other sites are claiming this particular order is for international take down. Hard to tell one way or the other right now.

[dipsydoodle]

8. Google exists

largely on advertising revenue. I can just see them wanting to shut that down.

[ProgressiveProfessor]

10. Brazil is such a small market that making and example out of them might be a good tactic

at negligible financial risk. Unlike some nations what want to cloister themselves, Brazilians will be most upset if they loose access or better yet transit for packets from their IPs

[azurnoir]

11. so you would deny Brazil internet access over this interesting

especially from one is so in favor of 'free speech'

[ProgressiveProfessor]

19. It would smack the Brazilian government around a bit to keep their crazies in line.

I was a very active member in the early spam wars. Spammers were furious when they found out they could be blocked, their ISP would cut them off and as a result they were losing connectivity on a regular basis. All without government action or recourse in the courts. All it took was entries in Spamhaus, SPEWS etc. The Internet runs collaborative on mostly private resources. Its also designed to find ways around disruptions and outages. No one ever said the packets must go through.

We went through some of this earlier with memorabilia auctions and the like. National sovereignty stops at the border. The idiot judge could order the transit carriers in Brazil to block that URL or that server (Youtube). He lacks any standing to fine Youtube or Google. Its not clear if they were even notified or present in court for this farce. If the national government supports him, this can be addressed, without courts or governments. They won't like it and they will have no recourse. At some point the Brazilian government will step in and either shut him down or limit it within their borders.

The Internet is mostly privately owned, and there is no authority that required that I accept your packets onto my network. As some spam friendly ISPs have found, its a lot easier to get into the deny tables than out of it. At one point Moldavia was a real Internet pariah. A lot of places have never unblocked them...

[azurnoir]

21. Singapore has also blocked it, Google voluntarily blocked it Muslim countries

and a host of other countries have made the same request would you have them all cut off, or only the poor ones?

[ProgressiveProfessor]

24. I have no problems with local blocking, but I do with international take down orders

Most places are describing this as an international take down order, not just domestic. That is the issue.

[azurnoir]

26. really considering the Brazilian court only has jurisdiction in Brazil

the order can not be considered international not to mention any arrest orders only apply to Googles Brazilian head

eta

from the snip posted

Google Inc., will face fines of $5,000 a day for every day the clips remain accessible in Brazil, according to the statement posted on the court's website late on Tuesday.

[ProgressiveProfessor]

27. Like I said, other sites are carry different content

Other countries have also tried long arm bullshit in the past, including the US

[azurnoir]

28. Long arm Bullshit? well okay then but really has little to do with your previous post n/t

[iandhr]

4. Justice?

Youtube is part of google which is an American company.

Congress shall make no law means congress shall make no law. Even bigots have free speech rights.

[frylock]

7. the us constitution doesn't apply outside of what we refer to as..

wait for it... the U.S.

[ProgressiveProfessor]

20. And a Brazilian court has no authority outside of Brazil's borders

It issuing such an order to Google/Youtube is hubris at its best. It could order the URL or server blocked in Brazil by the national transit providers, but that is about it. Youtube/Google/Ebay have all been down this road. They know how to handle it.

The real concern is if the judge continues to play stupid and the net admins decide to act. Its easy to block of Brazil's IP space and there is no way to find out how wide the blockage is or legal recourse to get it unblocked.

[Posteritatis]

13. I know there's a provincialism problem on this site at times, but goddamn. (nt)

[Bocks Car]

9. I hope Youtube tells them to FOAD.

fucking idiot judges

[Stuckinthebush]

12. Wow

Admittedly, the video is awful but if we start taking down all the stuff that someone thinks is awful then we will only have videos of stupid pet tricks.

[ashling]

35. GAWD no!

stupid pet tricks are AWFUL!

[oberliner]

15. Is South Park broadcast in Brazil?

Or other TV shows that mock various religions?

[Comrade Grumpy]

16. I don't know, but they have different free speech laws from the US

Brazilian courts have prosecuted pro-marijuana demonstrators for "apologia for drug use."

[oberliner]

17. Interesting

I'll have to read up and learn more.

[msongs]

18. score one for religious bullies - fear based religion strikes again nt

[Shitty Mitty]

25. Justice?

[Mr.Bill]

29. YouTube probably spends 5K a day

on coffee at their corporate headquarters. Chump change.

[Codeine]

30. Bravo?! More like FUCK THAT!

Fuck anti-freedom, authoritarian bullshit.

Fuck people who root for curtailing expression.

Fuck the Heckler's Veto.

[dipsydoodle]

31. Everyone seemed to be focused on the rogue video

but this is equally important from the OP's link :

"The ruling adds a legal hurdle to Google's attempts to expand in Brazil. In recent weeks, Brazilian courts have repeatedly ordered the company to remove content from YouTube that was found to violate the country's strict electoral laws, and a judge on Tuesday ordered the arrest of the head of Google's operations in Brazil for failing to remove the offending videos."

[azurnoir]

32. well that has been what is being discussed "freedom of speech" and all

but certainly I did not miss that part

[ProgressiveProfessor]

33. It would seem to be best if Google just abandoned Brazil for the time being

A little IP space blocking might also get their attention.

[Socal31]

34. Google should just "take it down" for Brazilian IPs.

All this has done is draw more attention to it for the Brazilian population. And anyone who actually wants to can circumvent regional blocks anyway.

You don't think Chinese citizens find ways around the Great Firewall?

[iamthebandfanman]

37. Who cares?

Its in Brazil guys. They can do whatever they want in their own country.