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In Brazil, Google Fined For Content of Anonymous Posting
Sabriel writes "Google's appeal against a 2008 defamation ruling in Brazil over an anonymous posting on Orkut has been denied, and Google has been fined $8,500US ($9,100) for the crime of being vandalized. In the words of the judge, Alvimar de Avila, 'By making space available on virtual networking sites, in which users can post any type of message without any checks beforehand, with offensive and injurious content, and, in many cases, of unknown origin, [Google] assumes the risk of causing damage [to other people].' I'd submit a blunter opinion of this farce, but it might be considered offensive and injurious content. ... I wonder if he's related to the judge in Italy?"
Guys, before you get all hot under the collar, please keep in mind that anonymity is forbidden in Brazil by her Federal Constitution; Title II, Chapter 1, Article 5, Paragraph 4:
IV - the expression of thought is free, anonymity being forbidden;
X - the privacy, private life, honour and image of persons are inviolable, and the right to compensation for property or moral damages resulting from their violation is ensured;
So, anonymously posting defaming material against someone else violates at least two of the victim's constitutionally guaranteed civil rights in Brazil.
That's about stupid. In effect, WalMart should assume responsibility for that mouthy punk who used WalMart's intercom system to tell all black people to leave the store. WalMart is racist, because some kid used their intercom to make a racial statement. Extending that idea just a little bit - if you owned a shopping mall, and some skin heads staged a protest on your property, (with or without your permission) then you would be responsible for all the hate speech that resulted.
The fact is, many nations, including mine, have fascist laws that need to be changed. We need more activists working to make free speech a reality, and stop holding web sites and site administrators responsible for the rantings of ignoramuses.
"Windows is like the faint smell of piss in a subway: it's there, and there's nothing you can do about it." - Charlie Br
He wasn't criticizing the judge, so I am not sure exactly why you are defending him. He was criticizing Brazil's laws (civil or otherwise). Brazil's laws around libel and slander absolutely suck beyond all comprehension. Brazil has close to the worst in the world. They do infringe greatly on the quality of public speech in Brazil, and if crap like this continues, all speech by all citizens in Brazil. The US on the other hand has, bar none, the best libel and slander laws in the world... which is to say, we basically have none. In order to get nailed for libel or slander in the US you need to 1) cause actual and real harm 2) personally know it is a lie 3) are presumed innocent with extremely high bars set for proving 1 & 2, and 4) can counter sue any asshole that loses their case. You are more likely to be struck dead by lightening than get sued and lose a slander case in the US.
That said, the US has an equivalent to Brazil's terrible libel and slander laws. US copyright laws have more or less the same effect. The only reason why I would take evil US copyright laws over evil Brazil libel and slander laws is that you can make a half-assed argument that copyright does something useful and, far more importantly, crappy slander and libel laws protect slime ball politicians much better than crappy copyright laws.
Brazil is actually doing some innovative stuff in terms of copyright law. I don't know exactly where it stands today, but they had an awesome proposal that they were giving serious though to a little while back on enforcing sanity in copyright law. Give me that plus US libel and slander law, and I think you are looking at some pretty decent steps taken in protecting freedom of speech.
No one implied that Google was hacked. Providing a place where people might express themselves does not make you responsible for every idea that might be expressed. It's as simple as that. Own a pub? A couple of gorillas decide to duke it out, for any number of reasons? HEY! IT'S YOUR FAULT FOR HAVING A PUBLIC PLACE WHERE PEOPLE CAN DRINK, TALK, OR FIGHT!
"Windows is like the faint smell of piss in a subway: it's there, and there's nothing you can do about it." - Charlie Br
If the law deserves to be mocked...
"There is a way that seems right to a man, but its end is the way of death." Proverbs 16:25 (NKJV)