The Federal Court of Rio de Janeiro determined that Google Brasil Internet will have to adopt measures to identify and remove posts of illegal content from four YouTube channels accused of propagating religious intolerance. The material was disseminated through the channels Geração Jesus Cristo, Geração ao Vivo, Geração de Mártires and Geração de Mártires ao Vivo. The sentence of the 29th Federal Court of Rio de Janeiro this Thursday (13) was handed down in a lawsuit filed by the Federal Public Ministry of Rio (MPF-RJ). The four channels were already sentenced on September 5 last year, for the same discriminatory speech.
In the decision, the Federal Court determines that Google Brasil Internet permanently monitor the channels with the control systems used by the company and that it send periodic reports to the MPF with the analysis of the contents and the measures implemented against possible illegal contents.
Historic
In the previous decision, in September last year, the 29th. The Federal Court of Rio ordered Google Brasil Internet to exclude the four YouTube channels and all the videos posted by the profiles. However, the company partially complied with the preliminary decision, removing only the videos indicated in the MPF’s initial petition.
Faced with partial compliance, the MPF requested maintenance of the preliminary decision, given the “huge volume of discriminatory content posted” and the ineffectiveness of the “alleged inspection of the defendant” to prevent the spread of hate speech on YouTube. In turn, Google Brasil argued that the removal of entire channels is contrary to the Civil Rights Framework for the Internet and the Constitution as it constitutes prior censorship to the publication of new content, in addition to the removal of hundreds of videos in which no illegality is indicated. The request was accepted by the Federal Regional Court of the 2nd Region (TRF2), which suspended the effects of the decision regarding the determination of exclusion of channels.
The 29th Federal Court of Rio de Janeiro again determined that the company apply its control systems to the 30 videos that are still available on one of the channels, in addition to future posts on the four channels mentioned in the lawsuit.
The MPF identified that those involved relapsed in the dissemination of illicit content. “Even after the intervention of the Judiciary, both in the civil and criminal spheres, the Igreja Geração Jesus Cristo, led by Pastor Tupirani da Hora Lores, recreated new profiles on the YouTube platform to continue to propagate hate speech, in clear abuse of the right to freedom of expression”.
The propagation of discriminatory speech and religious intolerance was identified in the four channels related to the religious institution that is involved in intolerance processes, including the criminal conviction of a leader.
In the decision, Judge Sandra Meirim Chalu Brabosa de Campos points out that the Constitution guarantees that everyone can have a religion, which must be respected. “If there is disrespect, aggression or any kind of violence against the constitutionally protected right, state intervention is necessary. magistrate.
Other cases
In 2016, in another case of religious intolerance, the Federal Court confirmed an injunction by upholding the conviction of Google Brasil for keeping content of religious intolerance on YouTube. The decision determined the withdrawal of 15 videos from the list “Murderer Islam”, produced by Pastor Tupirani da Hora Lores, from the Geração Jesus Cristo Church.
The sentence is from the 21st Federal Court of the Capital, and later confirmed by the Federal Regional Court of the 2nd Region (TRF-2). In addition to removing the content, the court also demanded that the person responsible for the channel provide data, which made it possible to identify those involved.
Agência Brasil contacted Google Brasil and is waiting for a position.
