A US appeals court on Wednesday ordered YouTube to take down an anti-Islamic movie that triggered protests in the Muslim world, after an actress alleged she had been duped into appearing in it.
The 2012 appearance of "Innocence of Muslims" on Google's video-sharing site provoked deadly violence, but the current legal case against it relates only to the concerns of one of its stars.
US actress Cindy Lee Garcia brought a lawsuit claiming she was tricked into appearing in the film, without realizing its provocative anti-Muslim slant, and has received death threats as a result of it.
A lower court refused to grant an injunction forcing Google to remove the film while her case goes forward, but on Wednesday the Ninth Circuit Court of Appeals overturned that decision.
Judge Alex Kozinski said: "While answering a casting call for a low-budget amateur film doesn't often lead to stardom, it also rarely turns an aspiring actress into the subject of a fatwa.
"But that's exactly what happened to Cindy Lee Garcia when she agreed to act," he wrote in the 37-page ruling.
He ruled that Garcia had established she could suffer "irreparable harm" if the film was not taken down "because she was subject to death threats."
The amateurish movie, which depicted the Prophet Mohammed as a thuggish deviant, triggered a wave of violent protests that left dozens dead in September 2012.
During the period of the protests, militants attacked the US consulate in Benghazi, Libya and US ambassador Chris Stevens and three more Americans were killed, although the extent to which popular local anger over the film played a role in the assault is a matter of fierce debate in the US.
Google, which refused to take the video down arguing that it would violate its freedom of speech rights under the US Constitution, did not immediately react to Wednesday's ruling.
Garcia was paid about $500 for three-and-a-half days of filming on the movie, which had the working title "Desert Warrior," after being cast by producer Mark Basseley Youssef, who had a variety of pseudonyms.
"Desert Warrior" never materialized, and Garcia's only realized what had become of the footage when she saw "Innocence of Muslims" on YouTube.
"She discovered that her brief performance had been partially dubbed over so that she appeared to be asking 'Is your Mohammed a child molester?'" Kozinski wrote.
"These, of course, are fighting words to many faithful Muslims and, after the film aired on Egyptian television, there were protests that generated worldwide news coverage."
Garcia asked eight times for the film be taken down, but Google refused to comply so she applied for a restraining order seeking removal of the film from YouTube, claiming that it infringed her copyright in her own performance.
Youssef was jailed in November 2012 for breaching the terms of his probation for a previous offense -- a bank fraud conviction in 2010 -- by using a series of pseudonyms including Nakoula Basseley Nakoula and Sam Bacile.
He was released last year. In November he told the Hollywood Reporter that he was seeking partners to make a new movie and a TV show about the roots of Islamic terrorism.
AFP
Thu Feb 27 2014
Is climate change making tropical storms more frequent? Scientists say it's unclear
Scientists say it remains unclear how much climate change is reshaping the storm season.
Samples obtained by Chinese spacecraft show moon's ancient volcanism
The material provides new insight into the moon's geological history including the oldest evidence to date of lunar volcanism.
The scamdemic targeting the young and vulnerable
Teenagers and young adults are becoming prime targets for a new wave of cyber scams, a trend raising alarm bells across Southeast Asia.
Japanese manicurist takes on plastic pollution, one nail at a time
Before global leaders address plastic pollution, a Japanese manicurist highlights the issue by incorporating it into her nail designs.
What to watch for ahead of US presidential inauguration
Here's a timeline of events between now and inauguration day.
The battle to reduce road deaths
In Malaysia, over half a million road accidents have been recorded so far this year.
Pro-Palestinian NGOs seek court order to stop Dutch arms exports to Israel
The Dutch state, as a signatory to the 1948 Genocide Convention, has a duty to take all reasonable measures at its disposal to prevent genocide.
How quickly can Trump's Musk-led efficiency panel slash US regulations?
Moves by Trump and his appointees to eliminate existing rules will be met with legal challenges, as many progressive groups and Democratic officials have made clear.
2TM: Consultations on PTPTN loans, admission to IPTA at MOHE booth
Consultations on PTPTN loans and admission to IPTA are among services provided at the Higher Education Ministry booth.
Kampung Tanjung Kala residents affected by flooded bridge every time it rains heavily
Almost 200 residents from 60 homes in Kampung Tanjung Kala have ended up stuck when their 200-metre (m) long concrete bridge flooded.
COP29 climate summit draft proposes rich countries pay $250 billion per year
The draft finance deal criticised by both developed and developing nations.
Bomb squad sent to London's Gatwick Airport after terminal evacuation
This was following the discovery of a suspected prohibited item in luggage.
Kelantan urges caution amidst northeast monsoon rains
Kelantan has reminded the public in the state to refrain from outdoor activities with the arrival of the Northeast Monsoon season.
Former New Zealand PM Jacinda Ardern receives UN leadership award
Former New Zealand prime minister Jacinda Ardern was given a global leadership award by the United Nations Foundation.
ICC'S arrest warrants for Netanyahu, Gallant an apt decision - PM
The decision of the ICC to issue arrest warrants against Benjamin Netanyahu and Yoav Gallant is apt, said Datuk Seri Anwar Ibrahim.
KTMB provides two additional ETS trains for Christmas, school holidays
KTMB will provide two additional ETS trains for the KL Sentral-Padang Besar route and return trips in conjunction with the holidays.
BNM'S international reserves rise to USD118 bil as at Nov 15, 2024
Malaysia's international reserves rose to US$118.0 billion as at Nov 15, 2024, up from US$117.6 billion on Oct 30, 2024.
Findings by dark energy researchers back Einstein's conception of gravity
The findings announced are part of a years-long study of the history of the cosmos focusing upon dark energy.
NRES responds to Rimbawatch press release on COP29
The Ministry of Natural Resources and Environmental Sustainability (NRES) wishes to offer the following clarifications to the issues raised.
Online Safety Bill and Anti-Cyberbullying Laws must carefully balance rights and protections
The Online Safety Advocacy Group (OSAG) stands united with people in Malaysia in the fight against serious online harms.