How the courts are curbing YouTube
Google's guidelines are running afoul of local laws in different parts of the world
By Andre Mayer, CBC News
Posted: Sep 28, 2012 5:36 AM ET
Last Updated: Oct 3, 2012 10:43 AM ET
Thai-Muslims hold banners and shout slogans outside Google's Bangkok headquarters as part of demonstrations all over the Muslim world earlier this month. (Apichart Weerawong / Associated Press)
Civil libertarians like to see the web as the last bastion of free speech. But the continuing worldwide controversy over the recent anti-Muslim video and two court judgments against YouTube in Brazil suggest that the internet may well turn into an arena of competing legal rules.
"We are very much in a regime where the internet is a different thing depending on where you access it," says Jeff Hermes, director of the Digital Media Law Project at Harvard's Berkman Centre for Internet and Society.
While there is much talk about freedom on the internet, expecting Google "to just defy censorship orders worldwide is probably unrealistic," he adds.
On Wednesday, Brazilian police arrested Fabio Jose Silva Coelho, the head of operations for Google in Brazil, after the internet company failed to heed a judge's order to remove a series of YouTube videos.
The videos made provocative statements about an alleged paternity suit involving Alcides Bernal, a mayoral candidate in the city of Campo Grande, and the court in the southern state of Mato Grosso do Sul ruled that they violate Brazil's electoral law.
This decision came on the same day that another court in Sao Paolo gave Google, which owns YouTube, 10 days to remove clips from the controversial anti-Muslim video currently on YouTube's Brazilian site.
According to the Brazilian court statement, once the 10-day window closes, Google will be fined $5,000 US for every day that these clips from the Innocence of Muslims video remain accessible in Brazil.
Tipping point?
"I don't know if we're at a tipping point, but it's probably going to keep getting worse" in terms of limiting freedom of expression online, says Teresa Scassa, a law professor at the University of Ottawa.
Scassa says that while many countries have largely managed to arrive at a consensus about how to apply certain cyber laws — like those regarding copyright infringement — reaching an agreement on what constitutes defamatory material is much trickier.
Actress Cindy Lee Garcia (L) and her lawyer M. Cris Armenta tried to get a U.S. court to have YouTube remove the controversial Innocence of Muslims video. But a California judge turned them down. Garcia said she was duped into appearing in the film and had since received death threats. (Bret Hartman / Reuters)"I think it's really hard to get an international consensus on values," she says.
"Although these big internet companies operate globally, to the extent that they have presence in individual countries, they are vulnerable to the application of the laws in those countries."
In Brazil's case, the order to take down the anti-Muslim video, was spurred by a lawsuit from the National Union of Islamic Entities, a group representing Brazil's Muslim community. It argued that the film violates Brazil's constitutional right of religious freedom.
As Google sees it, "being a platform, Google is not responsible for the content posted on its site," the company said in a statement. Company officials could not be reached for further comment.
In a statement posted to its blog yesterday, the Electronic Frontier Foundation, a San Francisco-based free-speech advocate, wrote, "Apart from the absurdity of the judicial orders in the last month, these cases highlight the need for strong intermediary protections around the world."
The EFF argues that platforms such as YouTube, Facebook or Twitter should not be held legally responsible for content posted to their sites.
It also encourages countries to enact legislation like Section 230 of the Communications Decency Act in the U.S., which protects sites that host free speech.
Censorship concerns
Google regularly removes YouTube clips when they are deemed to infringe copyright law in certain jurisdictions — for example, when they feature unauthorized use of recorded music.
And in response to the violence spawned by the recent anti-Muslim video, it removed access to these clips in a number of Muslim-majority countries, including Libya and Egypt.
But the global video-sharing site argued that the controversial video was "within its guidelines," even as it is increasingly struggling with how to deal with material that either violates local law or causes offense to certain groups.
Google has spent much of the last month dealing with complaints over Innocence of Muslims, the video created by a small U.S. production company that spurred protests and violence in the Middle East, including the death of the U.S. ambassador to Libya and three other consular employees in Benghazi on Sept. 11.
As Hermes sees it, "The removal of content in certain jurisdictions in response to court orders in those jurisdictions is, in one sense, the best that you can hope for, because at least [YouTube is] not taking it down across the entire internet when one country decides to exercise censorship."
When Google pulled out of China, the state-run Xinhua News Agency announced it would set up an alternative search engine. (Andy Wong / Associated Press)Certain governments, notably China, have tried to have certain types of content removed from Google and, at first, Google seemed willing to censor search results that might be critical of the Chinese leadership.
But in 2010, after determining that Chinese hackers had attempted to breach some of its services, including Gmail, Google pulled its operations out of mainland China.
Acknowledging the size of the consumer market in China, Google has recently re-established its business there. But its long-running censorship with Chinese authorities has continued and it now offers a program that warns users when they have typed in a search term that may lead to blocked results.
As for legal action, the Brazil case is not the first time that a Google executive has been arrested because of content posted on YouTube.
In 2010, a judge in Milan, Italy, sentenced three Google executives to six-month prison terms for breaking the country's privacy code. (A fourth Google employee was charged but eventually cleared.)
The case centered on a YouTube video of a 2006 incident at a school in Turin, Italy, in which three boys reportedly assaulted an autistic schoolmate.
Google vehemently denied its employees' culpability in the video, saying in a statement, "None of them know the people involved or were even aware of the video's existence until after it was removed."
Google said it took the offending video down within hours of it being posted. In a statement, the company said the Italian judgment "attacks the very principles of freedom on which the internet is built."
Share Tools
Top News Headlines
- 2nd suspect in Tim Bosma murder case to plead not guilty
- The lawyer for Mark Smich says the Oakville, Ont., resident will plead not guilty to first-degree murder in the death of Tim Bosma, the Hamilton man who disappeared earlier this month after taking two men on a test drive of his truck. Smich was charged today, after Dellen Millard of Toronto was also charged with first-degree murder. more »
- 2 more arrests linked to hacking death of British soldier
- WARNING: This story contains graphic content. Two more people have been arrested by officers investigating the hacking death of a U.K. soldier in London, say British police. more »
- Neil Macdonald: Harper no Obama when it comes to dealing with scandals
- Beset by three so-called scandals at the moment, Barack Obama has been meeting his accusers and the press head on, Neil Macdonald writes. The same cannot be said for how Stephen Harper operates. more »
- Toronto Mayor Rob Ford fires chief of staff
- Toronto Mayor Rob Ford has parted ways with his chief of staff, the latest development in a tumultuous week at city hall where the pressure is growing for the mayor to comment on crack cocaine allegations raised by two media outlets. more »
Must Watch
Latest Canada News Headlines
- 2nd suspect in Tim Bosma murder case to plead not guilty
- The lawyer for Mark Smich says the Oakville, Ont., resident will plead not guilty to first-degree murder in the death of Tim Bosma, the Hamilton man who disappeared earlier this month after taking two men on a test drive of his truck. Smich was charged today, after Dellen Millard of Toronto was also charged with first-degree murder. more »
- Toronto Mayor Rob Ford fires chief of staff
- Toronto Mayor Rob Ford has parted ways with his chief of staff, the latest development in a tumultuous week at city hall where the pressure is growing for the mayor to comment on crack cocaine allegations raised by two media outlets. more »
- Canada's privacy laws inadequate for digital age, watchdog says
- Canadians' trust in the digital economy is at risk because our laws don't have enough teeth to compel companies to protect consumers' privacy, Canada's privacy commissioner says. more »
- B.C. teen saves pet dog in 'terrifying' cougar attack
- A teenager who says he heard a horrible "scream" from his beloved black labrador outside the family home in Belcarra, B.C., looked out his window and then went into action to save the dog from a vicious cougar. more »
The National
The Current
- Politics in the Classroom May. 23, 2013 1:26 PM We visit a place where the rhymes of Dr. Seuss are thought too politically shrill to be heard in a classroom in British Columbia.
- 2nd suspect in Tim Bosma murder case to plead not guilty
- 2 more arrests linked to hacking death of British soldier
- Toronto Mayor Rob Ford fires chief of staff
- How was the Mike Duffy report 'whitewashed?'
- Chained-teen's mom wants man who pleaded guilty 'to suffer'
- Vancouver man abandons Porsche on B.C. ferry
- Neil Macdonald: Harper no Obama when it comes to dealing with scandals
- B.C. teen saves pet dog in 'terrifying' cougar attack
- Mike Duffy's primary home not P.E.I., unedited Senate report says

