Charles Berbare v. Google Brasil Internet Ltda.

São Paulo State Court
Document type
Court Decision
The Plaintiff requested the deletion of Google search results indexing old publications about his involvement in a flagrante arrest for alleged unauthorized practice of medicine. As the falsehood of the publication was not proved, the judge ruled that the publicity of the story should not be considered harmful to the Plaintiff’s honour and image. The delisting would have been contrary to the public right to access historical journalistic publications, hence the right to be forgotten has not been enforced. Additionally, the delisting of the search results does not prevent direct access to the origìnal source at the website where it is published.
Topic, claim, or defense
Defamation or Personality Rights
Right to Be Forgotten
Document type
Court Decision
Issuing entity
Lowest Domestic Court
Type of service provider
Search Engine or Index
OSP obligation considered
Block or Remove
Type of law
General effect on immunity
Strengthens Immunity
General intermediary liability model
Takedown/Act Upon Court Order