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Google says LATAM aims to evade US free speech protections
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Video on YouTube makes child sexual abuse allegation
(Adds comment from LATAM in paragraph 3)
By Blake Brittain
June 12 (Reuters) - Google sued Chile-based LATAM
Airlines in U.S. federal court on Thursday, seeking a
declaration that Brazilian courts cannot force the tech giant to
take down a YouTube video in the U.S. that accused a LATAM
employee of sexually abusing a child.
Alphabet's Google, which owns YouTube, said in the
lawsuit that LATAM was attempting to "make an end-run" around
protections for free speech under the U.S. Constitution by suing
in Brazil to force the video's removal worldwide.
"LATAM has not received any official communication about the
court case," the company told Reuters.
Google spokesperson Jose Castaneda said in a statement that
the company has "long supported the legal principle that courts
in a country have jurisdiction over content available in that
country, but not over what content should be available in other
countries."
Right-wing social media companies Trump Media and Rumble
filed a similar lawsuit in Florida in February against a
Brazilian judge who had ordered them to remove the U.S.-based
accounts of a leading supporter of former Brazilian President
Jair Bolsonaro. A federal judge decided in the case that the
companies were not required to comply with the order in the
United States.
According to Google's lawsuit filed in San Jose, California,
U.S. citizen and Florida resident Raymond Moreira posted two
YouTube videos in 2018 of his 6-year-old son outlining
allegations of sexual abuse that the child said he experienced
from a LATAM employee while traveling as an unaccompanied
minor.
Moreira sued LATAM in Florida in 2020 over the alleged
abuse, which led to a confidential settlement.
LATAM sued Google in Brazil in 2018 seeking an order to
remove the video from YouTube. Brazil's highest court is set to
consider next week whether it has the authority to order Google
to take down the video worldwide.
Google asked the court in California on Thursday to declare
that LATAM cannot force the tech giant to remove the video in
the United States.
Canada's Supreme Court upheld an order for Google to remove
some search results worldwide in a separate case in 2018. A
California judge halted that order's U.S. enforcement in 2017.