The paparazzi clip of Cicarelli, who was once engaged to Brazil and Real Madrid striker Ronaldo, first appeared on YouTube's Brazilian server on September 18 2006, only to be removed and reappear at a later date.
Cicarelli, who hosts a show on MTV Brazil, has called for the video to be banned, prompting Justice Enio Santarelli Zuliani of Sao Paulo's State Supreme Court to ask YouTube to use filters to stop the clip, which features Cicarelli's banker boyfriend Renato Malzoni, being posted on the website's server in Brazil.
Rubens Decousseau Tilkian, lawyer for Malzoni, said: "The internet is democratic and has to be defended, but this struggle is to have some level of control to avoid the violations of people's fundamental rights, like privacy and intimacy."
The clip has now been removed from YouTube's Brazilian and US servers, but it is understood that it frequently appears via YouTube's other servers around the world.
The case will now go before three judges who must decide if the video should be made subject to a permanent banning order. According to reports, the court also has the power to fine YouTube $119,000 for each the day the clip appeared on the website.
YouTube, which has the motto "Broadcast yourself", was acquired by Google in October 2006 for $1.65bn. Google said it intended to stamp out all copyright violations relating to file sharing on YouTube once it had taken over ownership of the portal.
Tilkian said: "The problem is that the system is failing. Our objective is simply to get this video offline."
If you have an opinion on this or any other issue raised on Brand Republic, join the debate in the .
_1.jpg)
.jpg)
