The Google Brazil was ordered to pay $ 7,000 to a man who accuses the Orkut to allow false information about him were published. The man, whose name was not given, had his name included in the community “Arrest the thieves UNICRUZ” which apparently discoursed on a swindlers gang with a broad portfolio of crimes. He was offended and sued Google Brazil with a favorable decision.
Judged the Court of Rio Grande do Sul, the process is the second victory of the man against the mega – corporation of searches. Previously he had already achieved victory in the first instance but Google Brazil appealed the decision. And now we have the second result in a higher court, which again puts Google in trouble.
The man said to have been the victim of abuse, since someone created a fake profile on the social network with your name and photo, and had illicit charges as laundering money and corruption in this profile. Feeling offended, he was behind Google to try to take the air profile, using the tools that Orkut offers for this type of situation. However, nothing worked, what made the man seek their rights in court.
In its defense, Google Brazil contends that it can not be held responsible for false profiles, since it is not responsible for the accounts on the social network and is limited to host Orkut. The responsibility is therefore the users of any activity within the social network. To complete, the company claims that it can not interfere with the user will publish because this could be characterized as censorship prior content.
The rapporteur of the appeal argued that it is reasonable that Orkut does not exercise control what users do on the social network, as well as provide tools to avoid problems like the fake profiles. However, it also found that the activity of maintaining a social network is risk and Google knows it, even profiting from the service. Therefore, it is held liable.
The trial took place on 15 December 2010, but only now its result was made public.
This case brings to light once again the discussion about who is responsible for user activity. If I know, Brazilian legislation gives the service provider the responsibility for what their customers do – which was confirmed by the decision of Id. At the same time, there was always the internets Brazil that old excuse that the servers are not in Brazil, then the company would not be subject to the laws here. But no matter where the server is. Once the company has representation in the country, it is judged here.