Justice condemns man who posted video breaking device on Facebook – Tecnoblog

A man posted a video of destroying a sound amplifier with a sledgehammer. The publication gathered more than 128 thousand views on Facebook, Kwai and YouTube, and caught the attention of the company that owns the equipment, which asked the author to remove the content from the air. By refusing to remove the post, the enraged customer was prosecuted in court and ordered to pay R$20,000 in compensation for moral damages.

hMan used sledgehammer to destroy amplifier (Image: Moritz Mentges/Unsplash)
hMan used sledgehammer to destroy amplifier (Image: Moritz Mentges/Unsplash)

The case took place in October 2018, when a dissatisfied customer decided to destroy his Vulkan 9K2D amplifier, from the Brazilian brand Stetsom. The manufacturer specializes in car sound systems, and also operates in the US and Mexico.

“For those who like Stetsom 9K2, since November three types of authorized (sic), I’ve been trying since November. I’ve already lost four sales with module. For those who like Stetsom 19K2, this Vulcan here, for him this is it”, says the man in the video. He then starts throwing blows at the stereo, ending the recording with the phrase “this one is for people from all over Brazil to see”.

The video had repercussions on YouTube and Kwai, but mainly on Facebook, where it had 128,000 views and 1,400 shares. The content came to the attention of Stetsom dealers in Mexico, who asked the company to contact the author of the post.

Initially, Stetsom sent two extrajudicial notices to the customer, asking him to take the video down. But the user responded with an audio demanding something in return for erasing the recording — an amount that would reward the damage suffered.

The sound company then filed a lawsuit against the customer for moral damages because the video went viral. The man told the São Paulo Court of Justice (TJ-SP) that he recorded the destruction of the amplifier because he took it to three technical assistance services, but none offered solutions to the problem with the device. He works as a salesman of sound systems in the city of Biguaçu, in Santa Catarina, he would be losing customers because of defects in the equipment.

In the 1st instance, Stetsom obtained a favorable decision in the TJ-SP. The 2nd Civil Court of the Presidente Prudente Forum — where the manufacturer is headquartered — ordered the customer to pay R$ 20,000 in damages for objectively harming the company’s honor. According to the judge, the amount of the fine is justifiable to repair the negative impact on the company’s image.

TJ-SP favored Stetsom in a decision that sentenced a man to pay damages (Image: Tingey Injury Law Firm/Unsplash)
TJ-SP sentenced man to pay damages (Image: Tingey Injury Law Firm/Unsplash)

According to the judge, the client’s intention was not to seek technical solutions, but to harm Stetsom’s reputation. For this, he would have recorded the video and asked for a reward to take him down from social media.

Compensation of R$ 20 thousand is maintained

When appealing the decision in the 2nd instance, the man stated that he destroyed the stereo due to the embarrassment caused by the “disservice of Stetsom”. He also asked for the compensation amount to be reduced, arguing that he is a small entrepreneur and has a second job as a street sweeper to support his family’s income.

However, the judge and rapporteur of the case at the 7th Chamber of Private Law of the TJ-SP, Miguel Brandi, voted to deny the client’s request and maintain the payment of R$ 20 thousand in compensation. He was followed by another two of the five members of the collegiate, obtaining a majority.

THE technoblog accessed the Facebook page of the man who destroyed the Stetsom stereo, but could not find the recording. In March 2021, the process was closed, and the action returned to the 2nd Civil Court of Presidente Prudente.

Leave a Comment