The São Paulo State Court accepted a Google´s appeal against Bradesco Bank, which has proposed a claim in order to have removed a video from the Brazilian YouTube channel “Canal do Otário” (Fool’s Channel) heavily criticizing an investment fund of the bank known as “Hiperfundo Bradesco”.
At first instance the judge has determined Google’s condemnation to prevent access to the video on You Tube through research or any link that remits to the video.
In contrary, the Court privileged the principle that guarantees freedom of thought, as provided by the Brazilian Constitution, considering that there was no anonymity. The Court´s decision is also grounded on freedom of press (article 220) and in the consumers’ right to information.
The reporting judge Ms. Mary Grun did not foresee the offense to the honour of the bank, considering that the critiques were destined to the investment fund “Hiperfundo Bradesco” but not to the bank’s corporate entity. She also argue that “nobody is more subject to critique than a company like the plaintiff is, one of the biggest private banks in our country, and in many times unpleasant things (about the bank) can be said, without abusing the freedom of speech right, and expressing things that may be said by the ordinary citizen without censorship”.
Such court decision shall be highlighted because it amplifies the limits of freedom of speech. The video embraced a rather unpolished language to criticize the “Hiperfundo Bradesco”, using swear words of the lowest foul language. However, the judge understood that the content was not offensive to the point of justifying its censorship. Besides, the consumer has the right to express his or her dissatisfaction.
*By Carolina Garcia Lomba, trainee of the TMT team.