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Court Decision

Regional Court of Astara , Mikayil Talobov prosecution

After the amendment to the Criminal Code on Internet defamation on June 30, 2013, the the first person tried under the defamation act was Mikayil Talibov. On August 14, 2013 he was sentenced to a one-year public labor for his “libelous” Facebook posts. Additionally, 20 per cent of his monthly income was to be retained by the State for a period of one year. Talibov was found guilty under Article 147.1of the Criminal Code (Slander) over the “libelous” comments on the “Accessbank- Haqsizbank” (Accessbank-Unjust Bank) Facebook page, which he had created to criticize the activities of the bank. However, the Appelate Court of Shirvan cancelled this decision on November 22, 2013 and the case is still ongoing.
Court Decision

Supreme Court. Nelson Curi (and others) x Globo [Decision Pending]

(ARE 833.248 RG/RJ)
The main Right to be Forgotten case, currently in debate in the Brazilian Supremo Tribunal Federal, is the litigation between Nelson Curi and the major broadcaster in the country, Rede Globo. Although the case does not involve an internet intermediary, it is extremely relevant as it may set a basis for the recognition of a “right to be forgotten” in the country against traditional media companies, with possible consequences to search engines and internet intermediaries. In this case, the family of Aida Curi (Nelson Curi and others) filed a lawsuit against the broadcaster claiming damages for the airing of TV program about a crime (the homicide of Aida Curi) which occurred many decades before. The plaintiffs claim that the continuous exposure of the case forces them to remember painful facts, and they seek payment of...
Court Decision

Charles Berbare v. Google Brasil Internet Ltda.

São Paulo State Court
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.
Court Decision

Ricardo Zarattini Filho v. Diario de Pernambuco

REsp 1.369.571/PE Superior Court of Justice. Third Panel
Although this case does not refer to internet intermediaries, the final decision will serve as an important background to understand the current debate on a “right to be forgotten” in Brazil. In this case, the Superior Tribunal of Justice affirmed a “right to be forgotten” of the plaintiff who had his name cited and associated to the armed struggle (a bomb attack at an airport in the State of Pernambuco) against the ongoing military dictatorship in the country. In this specific case, the name of the plaintiff was mentioned during an interview of a third person to the newspaper Diário de Pernambuco. The interview had a focus on important historical facts about communism and the resistance against the military regime in Brazil. The decision noted that the country approved an amnesty law in 1979, forgiving crimes of...
Court Decision

Google Brazil, Special Appeal No. 1323754/RJ

Superior Court of Justice, Third Panel,
Decision held that the ISP must act expeditiously upon user notification in order to avoid being held jointly liable for offensive/illegal content. The decision suggests that, once communicated by a user that certain content has offensive and/or unlawful material, the ISP must act in 24 hours to momentarily takedown such content, for later analysis. In particular, the Brazilian Supreme Court noted that "once notified that a certain text or picture has illegal content, the ISP must takedown the content within (twenty four) hours, to avoid the penalty of being held jointly liable with the offender due to omission. In this 24 hours period, the ISP is not obliged to review the content indicated in the notice, but only to preventively suspend the webpages until it has enough time to assess the veracity of the allegations ....
Court Decision

Google Brasil Internet LTDA. vs. Maria da Graça Xuxa Meneghel

Superior Court of Brazil. Special Appeal No. 1.316.921 - RJ (2011⁄0307909-6)
Civil and Consumer law. Internet. Consumer relations. Applicability of the Consumer Protection and Defense Code. Irrelevance of gratuity of service. Internet search engine. Lack of necessity to prior filtering of the searches. Non-applicability of restrictions to the results. Public content. Right to information. (Translated from the original by Felipe Busnello) Maria da Graça Xuxa Meneghel is a famous television show host in Brazil, who has made a notorious career in hosting shows aimed for children, and is widely known by the moniker “raínha dos baixinhos”, which translates to “queen of the little ones”. Prior to becoming famous for her television shows, she played a part in a Brazilian film titled “Amor Estranho Amor” (Love Strange Love). The movie is about the son of a luxurious prostitute (the latter played by the...