Video with more than 2.5 million views was taken off the air by the platform, without any justification

The judge of law Gilberto Gomes de Oliveira Junior, of the Civil Court of the District of Brusque (SC), determined this Thursday (27) that Google Brazil reactivates the video with the interview of the businessman Luciano Hang published in the program Direto ao Ponto, from Jovem Pan, on the channel’s YouTube channel. The preliminary decision was a response to the lawsuit filed by lawyers Murilo Varasquim, Victor Leal and Juliana Si Ra Gualberto Chei, from Leal & Varasquim Advogados, Hang’s legal representative, last Tuesday (25).

The businessman had granted the interview in March and the video had more than 2.5 million views. However, recently Youtube – a platform linked to Google Brasil Internet Ltda – removed the video for alleged violation of the “terms of service”.

In his decision, Judge Gilberto Gomes de Oliveira Júnior determined the urgency of reactivating the video of the censored interview, which contradicts the freedom of expression guaranteed in Brazilian legislation, as in the Marco Civil da Internet (Law No. 12.965 / 2014) and fundamental right guaranteed by the Federal Constitution. According to the magistrate, the internet application provider cannot remove third party content without a court order or a plausible justification, since freedom of expression, communication and expression of thought are fundamental rights guaranteed by the constitution.

When granting the preliminary order, the judge determined that Youtube reactivate the video of the interview given by Luciano Hang to the Direto ao Ponto program and that it was removed from the platform or inform if the removal occurred by court order, within the three-day period, under penalty of daily fine of R $ 10 thousand reais.