Thread by @daphnehk

I am *really* excited about the Brazilian Supreme Court's Right to Be Forgotten case. I can't wait for Brazilian experts to weigh in and tell us more about the details, but the bottom line is that it's a constitutional rights-based rejection of RTBF claims. 1/

https://twitter.com/boomartins/status/1359979640031498250

Brazil, like most countries, has cases where a personal privacy claim overrides the speaker's expression rights (or listeners' rights to access information). So I don't think the point is to say that can't happen. 2/

Rather, it's that the *process* for weighing privacy and expression rights matters. The Inter American Human Rights framework is particularly strong on this, and on expression rights generally. 3/

Article 13.3 of the Inter American Convention in particular makes it very clear how regulation of intermediaries becomes regulation of speakers. 4/

At Stanford, @lfmoncau and I worked on the issue of Right to Be Forgotten under Latin American human rights precedent for years. Luiz's work was cited in the court ruling. (Hopefully he can provide a link to it.) 5/

I wrote about this in English: cyberlaw.stanford.edu/files/publicat…
And Spanish (actually @CELEUP translated it): cyberlaw.stanford.edu/files/publicat…

Luiz and I led a student policy lab that produced a report for the OAS Free Expression rapporteur on the subject.
@cboteromarino organized an amazing event in Bogotá, where I learned a ton.
This has been a long, thoughtful discussion in Latin America. 7/

Canada is not a signatory to the Inter American Convention, so isn't bound by its rules. But I hope it will nonetheless consider Latin American developments, including Brazil's new ruling, in assessing its own RTBF proposals. I wrote about that here: cyberlaw.stanford.edu/blog/2018/05/r… 8/

Also... I'm not going to name the EU RTBF expert who criticized a RightsCon panel on RTBF in LatAm for not including a European speaker. But. How about more LatAm experts on EU law panels? Or even just the ones about EU laws that will affect Latin Americans? 9/

Just a thought. 10/