The 2nd Private Chamber of the São Paulo Court of Appeals accepted Google’s request1 to keep online a video from the “Diva Depression” channel, on YouTube, which criticized a brand of jeans.
The lawsuit was filed by Planet Girls Comércio de Roupas Ltda., alleging that a video posted on YouTube by the channel Diva Depression, which makes a comic analysis of the plaintiff’s clothes, comparing it with another brand of jeans, would violate its right of image and honor.
The lower court held that the video, which contained inappropriate expressions and thousands of views, could cause serious damages to the plaintiff.
The reporter judge of the appeal filed by Google, Judge José Carlos Ferreira Alves, on its turn, understood that there was no imputation of fact or practice in the video that could tarnish the image of the plaintiff, being the video a criticism of consumption. In order to avoid prior censorship, he decided to keep the video online until examination on the merits of the lawsuit, favoring freedom of expression.
¹ Lawsuit No. 1064021-32.2018.8.26.0100