Daniela Cicarelli
March 5, 2008 – 8:52 pm
In September of 2006, fashion model Daniela Cicarelli was videotaped having sex in the ocean with her boyfriend, Merrill Lynch employee Tato Malzoni. The video was quickly posted on YouTube and then was quickly deleted. Despite being deleted, the video was still showing up on various websites and file sharing networks.
Later that month, the couple was granted an injunction by the Sao Paulo state supreme court against YouTube, Globo.com and IG. However, the video continued to show up on YouTube as users kept uploading it with various names.
Cicarelli sued YouTube again in December, where the Supreme Court ordered that YouTube must find a way to permnently block the video or to shut down their site until they can. Shortly after, Brasil Telecom, Telefonica and other ISPs implemented a block on the site, making YouTube inaccessible in Brazil. The decision was revised a few days later and the block was removed.
In June of 2007, a Brazilian judge told Cicarelli that since the sex took place in public, she was not entitled to privacy and therefore had acted in bad faith in trying to get the video removed. She was ordered to pay R$10,000, as well as court and legal costs, to each defendant.
