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Brazilian judge lifts ban on YouTube

Judge backtracks on banning order

The judge who last week ordered Brazilian ISPs to block access to YouTube until it removed clips of a sexual nature featuring a Brazilian model has decided to reverse the ban.

Model Daniela Cicarelli said that the widely circulated clip of her and banker boyfriend, Renato Malzoni, filmed secretly on a beach and then uploaded to YouTube, invaded her privacy. Although the video-sharing site took down the clip, it was added again by users.

The case was the first of its kind in Brazil and has been surrounded by controversy, making headlines and raising questions about how internet companies should deal with legally problematic clips.

However, Sao Paulo state Supreme Court Justice, Enio Santarelli Zuliani has now asked for access to YouTube to be unblocked, suggesting that blocking access to the clip in question, rather than the entire site, would be a fairer course of action. Two other sites which were also named in the suit- Globo and IG - have managed to prevent the clip from being shown.

The judge has now lifted the ban on YouTube but ordered that the clip be permanently removed. If the site fails to do so it will receive a $119,000 fine for each day it can be viewed.

“We trust that Brazilian authorities have recognised our efforts to remove all copies of the video, and we will continue to do so as we become aware that it has been reposted,” YouTube said.

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