Rubens Barrichello v. Google
Case Law- Country
- Country Location
Latitude: -9.531069703582213
Longitude: -52.923056365109474
- Country Location (linked Case Law)
- Brazil
- Decision Date
- 19 de ago. de 2014
- Case Status
- On Appeal
- Case Outcome (Procedural)
- Affirmed Lower Court
- Motion Granted/Motion Denied
- Case Outcome (Disposition)
- Monetary Damages/Fines
- Reparations Made by Individual or Entity who Exercised FoE
- Keywords
- Anonymity
- Censorship
- Freedom of Expression
- Social Media
- Judicial Body
- Appellate Court
- Case Number
- 1.377.990
- Case Summary
Professional race car driver Rubens Barrichello sued Orkut for failing to remove fake social media profiles that depicted the athlete. The Brazilian Superior Court held that internet service providers have no objective liability resulting from third parties publishing unlawful content on the internet, that they cannot be required to exercise prior examination or control of content posted by users, and that they must remove any content known to be clearly unlawful within 24 hours of becoming aware of such, under the penalty of being held liable for damages.
- Case Significance
The decision establishes a binding or persuasive precedent within its jurisdiction.
- Related Caselaw (self)
- Source URL
- Columbia Global Freedom of Expression
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