Justice orders YouTube to preserve videos of Jovem Pan – 01/23/2023 – Mônica Bergamo

The 28th Civil Court of the Court of Justice of São Paulo determined that Google Brasil is obliged to preserve the integrity of more than 2,300 videos published on YouTube by Jovem Pan and by the broadcaster’s programs. The decision responds to a request from Sleeping Giants Brasil.

According to judge Flavia Poyares Miranda, who signs the decision, there is a need to preserve evidence, since Jovem Pan could be excluding videos containing misinformation and which are the subject of an investigation opened by the Federal Public Ministry (MPF).

“It is possible to recognize the probability of the right and the danger of damage”, says the magistrate. The decision extends to the YouTube channels of the programs Pânico, Os Pingos nos Is and Três em Um, broadcast by Jovem Pan.

“The required part [o YouTube, administrado pelo Google] it is a platform for sharing videos on the internet, and therefore responsible for keeping the records”, he also says. The judge established a daily fine of R$ 5,000 in case of non-compliance.

Flavia Poyares Miranda points out that the action filed by the Sleeping Giants has the character of the anticipated production of evidence, seeking “only and solely” to guarantee the “preservation of evidence and facts, without any valuation judgment”. Therefore, she claims, there is no appeal, defense or space for the contradictory.

According to a survey carried out by Sleeping Giants Brasil, the broadcaster would have already deleted at least 417 videos that would contain hate speech, attacks on the electoral system, false information about the vaccine against Covid-19, misinformation about the climate emergency and hate speech. national.

The removal of publications would have intensified after the company became the target of an open inquiry by the MPF, which investigates the dissemination of misinformation on the network with the potential to incite anti-democratic acts.

In court, Sleeping Giants Brasil stated that, by deleting or hiding the videos on YouTube, Jovem Pan would be avoiding possible responsibility “for its systematic conduct of disseminating illicit content”.

“Although the democratic environment is essentially constituted by differences, including political ones, the dissemination of fear and misinformation is an expression of abuse of the exercise of the right to information and freedom of expression and directly violates the current democratic constitutional order”, said the lawsuit, signed by lawyers Flavio Siqueira Junior and Livia Cattaruzzi Gerasimczuk.

One of the videos hidden by the broadcaster featured commentators spreading false news that linked the deaths of teenagers to vaccination against Covid-19. Previously available, the material now displays the message “video unavailable —this video is private” when accessed.

_{with BIANKA VIEIRA (interim)KARINA MATIAS and MANOELLA SMITH}

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