CASE LAW INDICATES THAT INTERNET TAKEDOWN ORDERS ISSUED BY COURTS SHOULD NOT EXCEED THE LIMITS OF NATIONAL TERRITORIES

The Supreme Court of Canada has recently ordered Google to remove certain links from its search results in Canada and in the rest of the world.

Disagreeing with such order, Google filed a lawsuit in the United States claiming that the mentioned decision should not be executed in the country, since it would violate the freedom of speech provided for under the local law.

The judge responsible for the analysis of the case in the Northern District of California accepted the arguments presented by Google, concluding that the application of the Supreme Court of Canada would violate national legislation and emphasized that Google is only an internet application provider and, as such, should not be liable for third party content.

Brazilian courts have been adopting an understanding similar to that of the North American courts, having already expressed a position in multiple cases in the sense that the reach of the enforceability of content takedown orders should be restricted to the limits of the national territory. In addition, some of the decisions issued by the Brazilian courts have specifically stated that an understanding contrary to the above would violate the principle of sovereignty of the countries, as well as the principle of equality and self‑determination of nations that govern international relations.

For further information, please contact:

Tania Liberman

Vanessa Pirró

Rafael Pessoa

Fernando Bousso

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