TJ-RS judge says that text from the checking agency is fake news and caused damage to Jornal da Cidade Online
The TJ-RS (Court of Justice of Rio Grande do Sul) condemned the check site to the facts and its founder, journalist Tai Nalon, to indemnify the City Newspaper Online in R$ 10,000 for having published news saying that the Bolsonarista portal would integrate a disinformation network with the website of Colonel Carlos Alberto Brilhante Ustra’s widow.
Judge Diego Diel Barth also ruled that the to the facts delete the report”Jornal da Cidade Online’s disinformation network irrigates Ustra’s widow website” within 5 days after receiving the subpoena of the sentence. Established a daily fine of R$ 500 in case of non-compliance.
wanted by Power 360the founder of to the facts, Tai Nalon, said he had not received court notification so far and did not know the content of the conviction. Here’s the intact of the sentence (389 KB).
In the text, Tai Nalon says that the City Newspaper Online and the website the suffocated truthmaintained by Joseíta Brilhante Ustra, would have in their source codes the same identification number as Google’s monetization program, the Google AdSense.
Joseíta is the widow of Colonel Ustra (1932-2015), former commander of the Second Army’s DOI-Codi (Information Operations Detachment-Center for Internal Defense Operations) in São Paulo. He was convicted in the 2nd instance of torture during the military dictatorship.
In his sentence, the TJ-RS judge states that, when subpoenaed, Google reported not having found “no record that the URL http://averdadesuffocada.com is or has been part of the Google AdSense Program”.
“This information overturned the main claim of the defendant [Aos Fatos e Tai Nalon]that the matter taken by the author [Jornal da Cidade Online] how offensive would be the mere journalistic reproduction of a news, that is, a true fact”, writes Barth.
For the magistrate, Google’s response proves that the verification site and the journalist caused damage to the City Newspaper Online through the publication of false news. The consequence, he says, is civil liability.
When dosing the value of the indemnity, Barth pondered that the repercussion of the report of the to the facts he was “limited, not having made headlines on national news portals”.
He also recalled that Tai Nalon tried to contact the owner of the Bolsonar website, José Pinheiro Tolentino Filho, to inform the content of the text before publication and make room for clarification, but he had no response.
The sentence determines that the to the facts remove the report from the website, Twitter, Facebook and Instagram. In addition, the check site and Tai Nalon must pay the attorney’s fees for the City Newspaper Onlinein the amount of 20% of the indemnity, that is, R$ 2,000.
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