Brazilian TV Host Gets Court To Demand Google Censor Results Pointing To A Movie She Was Once In

from the right-to-forget? dept

While we were encouraged by a proposal in Brazil that would make it much more difficult to get content taken down without a trial or giving whoever put the content up a chance to respond (and also by a proposal to make fair use equally as important as copyright), to date, Brazilian courts have a tragically bad history of enforcing censorship based on content someone doesn’t like. Google, for example, has been on the losing end of lawsuit after lawsuit after lawsuit after lawsuit in Brazil — and all of it over third party content.

The latest such example comes from reader Fabop, who notes that Xuxa Meneghel, a well-known host of a Brazilian children’s TV show has been able to get the courts to issue an injunction against Google (Google translation of the original Portuguese) because she was upset at the results that came up when people did a search for “Xuxa pedophile.”

If you’re wondering why people would do such a search — or why there were Google results on it, apparently, back in 1982, Xuxa Meneghel started in a film, Amor, Estranho Amor (Love, Strange Love) in which she played a pedophile prostitute who seduces an 11-year-old boy. Of course, that’s factual information — but she’s upset that when people search on those terms, it returns articles about the movie, and pictures from the movie. This seems somewhat similar to the various attempts to create “right to forget” laws in Europe. Apparently, Meneghel has even been successful in getting the actual movie banned from distribution, even though the company who owns the film rights would like to continue distributing it.

Google is apparently a bit upset that this temporary injunction was issued without anyone bothering to inform Google (Google translation from the original Portuguese, and it sounds like the company will try to fight the injunction.

The company points out — accurately — that it’s merely indexing the content that’s out there, and is not responsible for it. However, Xuxa’s lawyer mocks them for this claim, saying that Google can and should block such content, and that the court system in Brazil is “tired” of deciding whether or not search engines are responsible for the content to which they link.

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Comments on “Brazilian TV Host Gets Court To Demand Google Censor Results Pointing To A Movie She Was Once In”

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36 Comments
pringerXsays:

It's the lawyers

They just want of the piece of the pie that Google baked. It might be interesting to watch Brazil fall flat on its face if Google just shut down services there for a few days, but sadly that won’t happen.

“Right to forget” is not unreasonable, if it being applied to private information made public without the consent of the person in question-like medical records. But I suspect most of the information people want quashed is public anyway, so a proper “right to forget” law that obeys freedom of speech would be moot in many, if not most cases.

Re: I know that movie.

Not to mention, anyone performing that specific search probably already knows about the movie. Otherwise, why would they randomly Google that.

And if they Googled it because they randomly heard her name coupled with “pedophile” somewhere and wanted to learn more about it, she would only be absolved, as the person searching for the terms would learn, “Oh, that’s just from a movie.”

Ah, if only people gave these things some thought before suing.

that_idsays:

court system in Brazil is "tired"

and that the court system in Brazil is “tired” of deciding whether or not search engines are responsible for the content to which they link.
===========================

I’m pretty certain that Brazil’s ‘tired’ court system will have dug it’s own grave with these decisions.
Since the precedent has now been set, I can only imagine these types of claims will begin to overwhelm the courts very quickly.

Anonsays:

Re:

Exactly and it’s interesting that she not only made a movie like that but went on to devote her career to child related things (hosting children’s shows singing songs that are popular with kids etc), she’s been criticized by people for catering to pedophiles with her shows by dressing the girls provocatively and sexualizing children. The fact that she has such an obsession with children making glorified soft core porn with a 12 year old boy becoming a children’s tv show host and dressing kids like adults having them dance in a sexual way makes me think she is a pedophile, her going out of her way to scrub evidence of that movie from existence first going to court and banning the film from being distributed and now trying to stop Google searches about her being a pedophile just makes her look guilty. And there were other women who played pedophiles in that movie the boy’s mother in the movie molested him twice in the exact same way that this woman’s character did and the boy had a fantasy in which every woman in the movie did an orgy scene with him they were all completely naked making out with him and fondling him while he groped them, yet none of the other actresses tried to stop people from seeing the movie because they don’t have anything to hide it was just acting (even if straddling the line on what’s legal and appropriate) and they don’t seem fixated on working with children like this woman does so they’re not afraid of having pedophile next to their names in searches because there aren’t other questionable things in their career involving children the way there is with her.

Anonsays:

Re:

Exactly and it’s interesting that she not only made a movie like that but went on to devote her career to child related things (hosting children’s shows singing songs that are popular with kids etc), she’s been criticized by people for catering to pedophiles with her shows by dressing the girls provocatively and sexualizing children. The fact that she has such an obsession with children making glorified soft core porn with a 12 year old boy becoming a children’s tv show host and dressing kids like adults having them dance in a sexual way makes me think she is a pedophile, her going out of her way to scrub evidence of that movie from existence first going to court and banning the film from being distributed and now trying to stop Google searches about her being a pedophile just makes her look guilty. And there were other women who played pedophiles in that movie the boy’s mother in the movie molested him twice in the exact same way that this woman’s character did and the boy had a fantasy in which every woman in the movie did an orgy scene with him they were all completely naked making out with him and fondling him while he groped them, yet none of the other actresses tried to stop people from seeing the movie because they don’t have anything to hide it was just acting (even if straddling the line on what’s legal and appropriate) and they don’t seem fixated on working with children like this woman does so they’re not afraid of having pedophile next to their names in searches because there aren’t other questionable things in their career involving children the way there is with her.

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