São Paulo State Court decides that it is not necessary to impose on the internet service providers an obligation to filter results, except in situations of offense to personality rights.
According to a recent preliminary injunction decision rendered by reporter Judge Paulo Alcides Salvo from the 6th Chamber of Private Law of the São Paulo State Court, the internet service provider Google should not filter search results related to the name of the presenter Marcos Mion.
In this case, Marcos Mion has filed a lawsuit against Google, Microsoft, and Yahoo claiming for prior filtering of search results on an alleged case of betrayal involving him. The preliminary injunction had been granted by the lower Court, however, this decision was reformed through a new preliminary injunction decision obtained by Google in an interlocutory appeal.
The reporter judge of the appeal filed by Google understood that it is not necessary to impose on the Internet service provider the obligation to deindex content, except in situations of clear offense of the personality rights, not seen in the current case. The decision was in favor the principle of freedom speech, information and journalistic interest, since these principles prevail over the right to privacy, in order to avoid prior censorship. This decision is not final.
Lawsuit no. 2019725-43.2020.8.26.0000