Superior Court of Justice, Fourth Panel, Google Brazil v. Dafra, Special Appeal No. 1306157/SP

Document type
Court Decision
Decision held that the ISP is liable for not acting to takedown all copies of a video (parodying a commercial of the motorbike company Dafra) that was uploaded several times by multiple users, regardless if there was not a precise URL indication of such videos. In particular, the SCJ noted that "(…) this special appeal is limited to the remaining obligation regarding those videos that contain the insulting title, whether they have been precisely appointed by the authors (with the mention of the URL's), or not, so long as they exist on the site with that precise ‘title’, and, after the provider has been formally notified of their existence. … there is reference about an expert testimony in the case records in which it was verified by the technical feasibility of controlling videos on YouTube, having the Court Expert concluded that such control is not exercised by the ISP due to issues related to convenience and opportunity. … given the facts of the case, and, considering the precision of the content of the video indicated and the existence of an expert testimony suggesting  that it is possible for the site administrator to conduct searches – (this court) reiterates its understanding that the ISP, even at an injunction stance, must remove the defamatory content generated by its users, regardless of the precise indication of the URL by the offended party." See also CIS blog
Topic, claim, or defense
Document type
Court Decision
Issuing entity
Highest Domestic/National (including State) Court
Type of service provider
Host (Including Social Networks)
OSP obligation considered
Block or Remove
Monitor or Filter
Type of law
General effect on immunity
Weakens Immunity