Youtuber sentenced to compensate R$ 20,000 for the young man exposed in a “prank”

A YouTuber with 5.38 million subscribers was sentenced in second instance to pay R$20,000 in compensation to a young man who was the target of a “prank” and whose image was shown without consent on the influencer’s channel. The defense of Rafael Francisco Cavalcanti da Silva, known as Rafael Chocolate, had his appeal rejected by the Court of Justice of Pernambuco, which heard the case.

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For judge Adalberto de Oliveira Melo, the young man was exposed to a oppressive situation, which constitutes a “clear case of abuse of freedom of expression”.

The judge also highlighted the “obvious commercial interest” of Rafael Chocolate, who derives his income from the monetization of viral videos, and who would therefore put “any citizen in a ridiculous situation to, by publishing the images without the consent of the person exposed, cause laughter in his audience”.

In the video in question, Rafael stops people passing by on the street and places large buckets on their heads. In the appeal presented by his defense, the comedian claims to have blurred the face of the young man who did not want to participate in the video.

But the Court found that the “blur” was not sufficient to prevent the boy’s identification. Additionally, the judge cited the fact that Rafael did not remove the video from airing even after the court’s first decision against him.

Rafael Chocolate has been making videos like this for at least eight years. Also at the Court of Justice of Pernambuco, another lawsuit for moral damages is underway against the comedian, still in the appeal phase.

THE Earth Tried contacting the company email posted by Rafael Chocolate seeking a position, but has yet to receive a response. In this case the text will be updated.

Source: Terra

Amanda

I am Amanda Gans, a motivated and ambitious professional in the news writing industry. With over five years of experience in this field, I have developed an eye for detail and an ability to craft stories that captivate readers. I currently write for Gossipify, where I specialize in beauty & celebrities news. My passion lies with exploring the world of beauty through writing, interviewing experts and developing articles that are both informative and entertaining.