Google Brazil won an injunction in court to suspend the Youtube channel Terça Livre TV. The company had already banned the channel of Allan do Santos, one of President Jair Bolsonaro’s staunchest allies, in February, after three warnings — the first of which was about a video defending the theory of fraud in the 2020 US elections.
YouTube removed video channel that “incited violence”
The decision was dispatched on Thursday night (15). Judge Ana Carolina Munhoz de Almeida, of the 8th Civil Court of the São Paulo Court of Justice (TJSP) dismissed Terça Livre TV’s request in court to try to recover the channel.
In January, the page received a YouTube notification for displaying the statement in which former President Donald Trump urges protesters to invade the US Capitol and says he was defeated through a vote rig that elected Joe Biden, his opponent.
YouTube took down the video for violating the terms of “violent criminal organizations” which block content that “enhances or justifies violent acts carried out by violent criminal organizations or terrorists” on the platform. He prevented Terça Livre from posting or broadcasting live — a format widely used by the channel — for 7 days.
Free Tuesday filed for reactivation of the page
Allan dos Santos’ channel then filed an administrative lawsuit alleging that YouTube was taking down journalistic content. However, judge Munhoz de Almeida denied that the video fits into the category, as “it did not present any comment or contextualization that gave this connotation to the material”.
Even after being suspended in its main account, Terça Livre started to use secondary channels to circumvent the ban. Allan do Santos also started using his own personal channel with the same name and “Cortes Terça Livre”. YouTube has suspended both.
Justice understands that the channel violated collective freedom
The TJSP judge rejected the request to reactivate the Terça Livre channels. Munhoz de Almeida argued that the content in question violates collective freedoms of expression: “first, it is possible, in some cases, that limitations to the right to freedom of expression are imposed, and the case at hand fits into these hypotheses.”
The magistrate also stated:
“Secondly, YouTube properly advised the author of why his video was removed from the platform and what sanction would be imposed (some restrictions on the use of his account on the platform, during the seven-day period), and what would happen if he disregard such restrictions. He did and so had the account removed.”
In note to the Techblog, YouTube concluded:
“In a decision handed down today, the 8th Civil Court of the Judicial District of São Paulo dismissed the request to reestablish the Terça Livre channels on YouTube. With the loss of the effects of the preliminary injunction that was in effect, the channels will be removed again, in accordance with YouTube’s terms of service and community guidelines.”
Blogger Allan dos Santos is investigated in two different inquiries at the Supreme Court: one investigating a network of influencers linked to the Planalto to disseminate disinformation, and another on anti-democratic acts in favor of President Jair Bolsonaro. Minister Alexandre de Moraes is the rapporteur of both investigations.
The Pocketnarista influencer went into self-exile in the US, fearing the investigations carried out by the Federal Police at the request of the STF.
Free Tuesday has a channel on Twitch and defends live fraud
Despite YouTube’s ban, Terça Livre has a channel on Twitch and used it yesterday to comment on the defeat in court. In a live entitled “CENSORSHIP: IT’S NOT JUST A FIGHT ON FREE TUESDAY”, Allan dos Santos said that the website’s lawyers must file a second injunction against the TJSP’s decision. “We are going to appeal in court and await the decision” said the pocket narist influencer.
This Friday (16), also on Twitch, Terça Livre once again defended the idea of fraud in the American elections to more than 5,000 spectators. O Techblog tried to contact the platform, which did not manifest.
You can subscribe to the Free Tuesday channel, which still broadcasts ads during breaks in their lives — a way to generate revenue from Twitch broadcasts.
With information: Congress in Focus