Went to the Whale: Google should delete all 'Nissim Ourfali' videos from YouTube

Everyone who had access to the internet and some social network in 2012 met Nissim Ourfali. The boy, at the time, had turned 13 years old and, having Jewish descent, made a special video for your Bar Mitzvah (Jewish Tradition Ceremony). The problem is that your parents left the video link public on YouTube and quickly nissim became a web celebrity. His video soon surpassed the mark of 3 million views and the boy became a meme snapshot.

When the family noticed the backlash, they took the original video down. But “once on the internet, always on the internet…” I mean, it stays on the internet until the court decides that it should be deleted. And that's what happened. O Sao Paulo Court of Justice determined, this Tuesday (15), that the Google Brazil delete from the internet the videos in which nissim appears singing the striking chorus, “when we travel it's awesome, it's ten, but the best is when we go to Baleia”, parody of music “That's What Make You Beautiful”, from the teen group one direction.

A The boy's family filed a lawsuit against the Google asking for the videos to be removed from their services, but lost the lawsuit in June 2014. For the Google it is impossible to delete thousands of references to the author from the internet. And the judge in the first instance concluded that it was up to the boy's father to have released the original video in the private sharing mode.

the relatives of nissim appealed and managed to overturn the decision on Tuesday, after two adjournments in the 9th Chamber. although the Google having pointed out technical difficulties in meeting the request, the collegiate evaluated that the search giant could identify and take down the pages with the content. However, for the Superior Court of Justice, there is a common understanding that providers should only remove content considered illegal or offensive if they receive an indication of the virtual address.

For the 9th Chamber of Private Law, content providers are obliged to delete content harmful to the image of minors, even if the party does not indicate the address of the pages (URLs).

Will Google be able to extinguish Nissim Ourfali from the internet?

Today the Google displays approximately 46.600 results when searching for “Nissim Ourfali”, and currently the YouTube has over 7.580 videos, many of them parodies and montages made from the original.

Source: Conjur.

[Update - 17/03/2016]

We received contact from the press office of the YouTube about our publication. In note, the Google states that the decision of the São Paulo Court of Justice does not observe the need to specify the specific URLs of the content that must be removed. Measure provided for in the Marco Civil da Internet and endorsed by the STJ. Therefore, Google says it will appeal the decision. Check out the full note.

Google understands that the decision of the São Paulo Court of Justice did not observe the peaceful jurisprudence of the STJ on the matter, which recognizes the need to indicate the specific URLs of the content so that it is possible to remove it. The Court also did not apply the Marco Civil da Internet, which is the legal framework for the matter and also determines the precise indication of the URL to allow the removal. As a result, Google will appeal the decision.