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Hot Topic – Advertising to children on YouTube

According to a recent decision issued by the 10th Federal Court of Belo Horizonte, Minas Gerais1, YouTube is not required to block content made available on its platform containing advertising to children.

The inclusion of warnings about the prohibition of marketing or promotion of goods and services starring or directed at children would, in practical terms, be considered a prior control that the internet service provider would not be legally required to do.

Citing the Brazilian Internet Bill of Rights, the court held that the application service provider is not responsible for the content generated by third parties, nor for removing such content in the absence of a specific court order.

1 Lawsuit No. 0054856-33.2016.4.01.3800.