The State Court of São Paulo condemned the Brazilian youtuber Kéfera Buchmann – currently followed by more than 10 million people – to pay BRL 25,000 in compensation for moral damages to a taxi driver due to the publication of a video on the Internet in which she exposes his personal data.
The case occurred in 2015, when during the taxi ride, the taxi driver prohibited the youtuber from having a meal inside the vehicle, and after a heated discussion she was ordered to leave the taxi. On the video published on YouTube, the youtuber exposed the complete name, telephone number, and the license plate of the taxi driver, and asked its followers to report him to the Department of Public Transportation.
According to the taxi driver, after the video he received more than 5 thousand calls and electronic messages, some of them with tones and threats of aggression. He was also forced to change his cellphone number, lost contact with clients, had his registration on the taxi app suspended without any kind of investigation, and was reported to the Department of Police for Protection of Citizenship.
In her defense, the youtuber required the exclusion of liability due to the exclusive fault of the taxi driver, claiming that he was driving recklessly, although she had asked him to drive more prudently, and said a series of offensive words and threats of aggression. Therefore, her conduct was only a self-defense against the aggressiveness of the taxi driver.
However, the judge considered that millions of people follow her on social media, and from the moment she reaches a prominent position in the media and digital platforms, words gain overwhelming force wherever they are published, which implies that she may use her image with responsibility.
When the judge determined the amount of moral damages, he considered that the use of a video to harm the honor and the image of the taxi driver implied in hassles that far exceed the sphere of displeasure, to the point of creating a genuine wave of hatred and persecution to the taxi driver, especially in the environment where he earns income and livelihood.
The Judge understood that the behavior of the youtuber in social networks was disproportionate to the discussion with the taxi driver, taking into account the consequences of the disclosure of the video. She has chosen to exercise a “private revenge”, which is expressly forbidden by the Brazilian legal system and as such worthy of reprimand. Instead, she could have limited her insurgency to a complaint to the traffic department or to the police.
Finally, Google was compelled to exclude videos related to the case from YouTube in accordance with article 19 of the Civil Internet Framework, which provides for the intermediary liability for content generated by users if, after an specific court order, it does not take any steps to make unavailable the content that was identified as being unlawful.