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Reason
Reason
Politics
Eugene Volokh

Brazilian Injunction Ordering Google to Remove Allegedly Libelous YouTube Video Can't Be Enforced as to Display of Video in U.S.

From Judge Beth Labson Freeman (N.D. Cal.) Wednesday in Google LLC v. Latam Airlines Group S.A. Inc.:

On June 28, 2018, Raymond Moreira, a United States citizen residing in Florida, uploaded two videos to the YouTube channel "Ingles Marcos." The videos are titled[, in English translation, roughly] … "Latam Airlines sexual abuse of a child under 6 years old." In these videos, Mr. Moreira interviews his six-year-old son, who describes alleged sexual abuse he experienced at the hands of one of LATAM's employees while traveling as an unaccompanied minor from Brazil to Florida on May 3, 2018, to May 4, 2018.

In July 2018, TAM (LATAM's wholly owned Brazilian subsidiary) sued GBIL ("Google Brasil") (Google's wholly owned Brazilian subsidiary) in Brazil…. [T]he Superior Court of Justice in Brazil [entered a] … "Global Removal Order" … applicable worldwide.

Google has restricted access to the videos in Brazil…. [But] Google requests … that LATAM be enjoined from any conduct in the United States or Brazil to enforce the Global Removal Order in the United States….

[A.] The court issued a preliminary injunction, partly because it found Google was "likely to succeed on the merits of its claim under section 230 of the Communications Decency Act because this provision immunizes providers of interactive computer services from liability arising from content created by third parties":

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