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You can see their photos and send messages for free after you signed up! Join now! The study of these cases is specially interesting for the internet policy literature and contributes to a holistic understanding of internet blocking practices around the world, as it facilitates comparison and the identification of new or persisting trends. Under these disruptive scenarios, adjudication gains importance and relevance over the outcome of the case, because the answer to the case is not clearly stated either in legislation or precedents.
The innovations that services like YouTube, Facebook, Secret, and WhatsApp brought about and popularised disrupted not only markets but also the legal equilibrium. The Brazilian blocks are closely connected with a pressing legal challenge in the internet age: dealing with novel internet applications that do not square well with existing regulatory frameworks.
While this challenge is not exclusive to Brazil, it is however one of the main reasons why social media were occasionally blocked in that country. The analysis of these blocking decisions and the context in which they are inserted shed light on how some members of the Brazilian judiciary have dealt with challenges imposed by technology, the internet in particular: disrupting - blocking - disruptive applications. In the next subsection, a short summary of the cases affecting four social media applications is provided: each subsection describes the regulatory context in which they are inserted, unravels the motivations asserted by the courts, and identifies trends in the legal arguments used to ground blocking decisions.
The purpose is to help explain these decisions, not justify them. Criticism of these blocking orders and their impact on infrastructure, economy, and human rights may still be in order, even if not addressed here. In September , Brazilian celebrity Daniella Cicarelli and her boyfriend Renato Malzoni were caught on camera having sex on a beach in Spain.
The video was immediately all over the internet. The couple brought suit against media companies disseminating pictures and the video of the incident. These companies included YouTube Inc. Despite the positive outcome for the plaintiffs, and the immediate compliance by traditional media outlets, the video could still be found online.
The phenomenon was largely enabled by the exact innovative feature that made video-sharing platforms so popular: the possibility of uploading content to the website without editorial control, a power granted to any user of the platform. Users reposted the prohibited material on YouTube continuously.
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After months of unsuccessful efforts, the couple filed a motion for complete blockage of YouTube, since the company could not guarantee that the video would not be found on its platform. The basis claimed for such an order was Art. Unsurprisingly, the blockage caused a huge public outcry and received extensive media coverage. Within a few days, the state court judge determined that the ban on YouTube be suspended, claiming that his decision had been misinterpreted, but insisting that YouTube Inc.
Are internet platforms liable for user generated content? If so, then when and how? The existing regulatory model at the time did not provide clear answers to these new questions. The blocking order originated in this complicated legal scenario with an inexperienced in internet matters judge looking for an effective solution to a new problem. As a matter of fact, Brazilian electoral law regulates campaign ads strictly.