Judge Kleber de Andrade Pinto, of the 16th Civil Court of Brasilia, ordered a YouTuber to pay R$20,000 in compensation to federal representative and priest Marco Feliciano (PL-SP).
The judge understood that the image generated by artificial intelligence (AI) showing Feliciano tearing up the Bible was intended to “alter reality and induce third parties to believe that the author has engaged in conduct inconsistent with his personal, professional and religious path.”
The video in question was published on Carlos Hainar’s channel, which has 1.47 million subscribers, on May 14 this year. “Shame! Marcos Feliciano tears up the Bible to defend a child prophet and stands against the church,” the YouTube user wrote in the video’s caption.
The parliamentarian’s defense claimed that several people believed him and made “offensive” comments, which “damaged Feliciano’s reputation.”
3 photos
Conditional closure.
1 of 3
Pastor Marco Feliciano (PL-SP)
Reproduction 2 of 3
Evangelical priest Marco Feliciano (PL) praised Pope Francis
Reproduction/Facebook 3 of 3
Marco Feliciano advised Deltan to leave the country
Alexandra Martinez/Camara Agency
Read also
-
Sao Paulo
“We are at war and nothing can stop us,” says Feliciano in Paulista
-
music
Feliciano was ordered to pay R$80,000 in compensation to Kazuza’s mother
The court had previously ordered the video to be deleted under urgent protection. When defending himself, Heinar claimed that the image and expression were used as “figurative language.”
But the judge understood that there was no mention of it being metaphorical or symbolic criticism. “Furthermore, in order to understand the situation, it will be necessary for viewers to watch the entire video,” he added.
On November 7, Judge Andrade Pinto confirmed the disqualification and ordered the YouTuber to compensate the parliamentarian.
He wrote: “The defendant’s publication went beyond simply reporting facts and simple criticism or inspection of the actions carried out by the author, having deliberately conveyed a false image and lies about the author, which consisted of the untrue attribution of behavior that corrupts the symbol of his faith and puts his integrity in doubt before his religious community and the public in general, with an excess in the defendant’s conduct that undoubtedly violates the honor and image of the author and which has reached his moral sphere.”
Marco Feliciano’s defense stressed that “freedom of expression, although it is a fundamental right guaranteed by the Constitution, is not absolute.” “In this case, false statements were published with the clear intent to damage the reputation of the parliamentarian, who is also a priest, and the matter was exacerbated by the use of a photo manipulated by artificial intelligence to attribute to him an act that never happened (tearing up the Bible). It is important to stress once again that those with influence, especially those with great influence, must exercise increased responsibility for what they publish, in order to avoid causing irreparable damage to the honor and images of third parties,” said lawyers Marcos Vinicius Brasil Ramos. Lucas D’Souza Prince.
Judge Henard also ordered a public reversal within 48 hours after the ruling became final.
The report attempts to contact the YouTubers’ defense, which responded via a memo. Read below:
“The defense of Mr. Carlos Hainar received the decision of the Court of First Instance, which considered the opposing party’s request as an action, calmly, despite MM’s indisputable legal knowledge. Judge, reform is required, with a proper appeal of the honorable decision granting emergency guardianship, an award of moral damages in the amount of R$ 25,000.00 (twenty-five thousand reals), a public reversal on the YouTube platform and an award of procedural fees and costs. We emphasize that our client is a person who defends freedom of expression and respect for people’s honor and image, to the point that through his religious vocation he guides people in different ways, especially through counseling, spiritual guidance and education. The charge that weighs on him is
Based on distorted interpretations of their actions and statements. The conduct of Mr. Carlos Hainar, from the point of view of the defence, did not constitute an unlawful act
Justification of conviction by compensation for moral damages. We are committed to seeking truth and justice in this process. We reiterate that our client’s defense will continue to be guided by respect for the laws and basic rights of all citizens. Finally, we would like to thank METRÓPOLES media for its responsible and respectful coverage of this topic“.
About The Author
