LOS ANGELES (AP) — A judge Thursday refused to order YouTube to take down the film trailer that has inflamed the Muslim world, rejecting a plea from an actress who says she was duped into appearing in the project.
Los Angeles County Superior Court Judge Luis Lavin rejected the request from Cindy Lee Garcia, an actress who appears in the clip, in part because the man behind it was not served with a copy of the lawsuit. Also, Garcia wasn't able to produce any agreement she had with filmmakers, Lavin said.
The judge also cited a federal law that protects third parties from liability for content they handle.
"That leaves really little to support your application," he said to Garcia's lawyer, Cris Armenta.
The judge's ruling means the 14-minute trailer for "Innocence of Muslims," which has been blamed for sparking deadly violence, can continue to be viewed online.
YouTube, which is owned by Internet search giant Google, has blocked users in Saudi Arabia, Libya and Egypt from viewing the clip. It also has blocked the video from being viewed in Indonesia and India because it violates laws in those countries.
It is unclear who uploaded the trailer to the site, and how the judge's decision would be interpreted outside of the U.S. The clip has been linked to protests that have killed at least 30 people in seven countries, including the U.S. ambassador to Libya.
On Wednesday, Garcia filed a lawsuit for fraud and slander against Nakoula Basseley Nakoula, the man behind the video who has gone into hiding since it rose to prominence last week.
YouTube has refused Garcia's requests to remove the film. Her lawsuit contends that keeping it online violates her right of publicity, invades her privacy rights and that post-filming dialogue changes cast her in a false light.
Timothy Alger, the lawyer representing Google at Thursday's hearing, said the Internet company shouldn't be responsible for what transpired between Garcia and the filmmakers. He noted that while the clip has stirred violence, U.S. law doesn't mandate the trailer be removed from YouTube.
"No matter how you view the content … it is something of widespread debate," Alger said.
Garcia has said she and her family have been threatened and her career damaged since the clip surfaced online.
"Emotionally, I am very disturbed," Garcia said before heading into court Thursday.
"My whole life has been turned upside down in every aspect," she added. "My family has been threatened."
Her lawyer, Armenta, argued in court that her client was used a puppet to make the film, and she was clearly defrauded and lied to by the people behind the film.
"She did not sign on to be a bigot," Armenta said.
Garcia said she was duped by the man behind the clip and that the script she saw referenced neither Muslims nor Prophet Muhammad. She said she was shocked when she finally saw the end result and that her voice had been dubbed.
"I think we need to take it (the film) off because it will continue to cause more problems," she said. "I think it's demoralizing, degrading."
Also On Black America Web:
This Week’s Celebrity Instagrams (10/7-10/14)
25 photos Launch gallery
1. Nite | to the tune of @cnn 😞
1 of 25
2. Got so much work to do but I just wanna stay in bed and binge watch #Gameofthrones and start the new season of #OnceUponATime. I know I can't be the only one. Right? Ha 💤🦁🍂 #saturday
2 of 25
3. Mommy's weekend turn up ❤️👶🏾💕🍼 Wouldn't trade it for nothing. #TeamNoSleep lol #HesMyBiggestBlessing ✨
3 of 25
4. One of them oh shit mont we made it feelings … this shit still be unreal 💯💪🏾 @remyboymonty1738
4 of 25
5. Tickets Available October 14 @ticketmaster.
5 of 25
6. People magazine Home edition has raided my house! Get a sneak peek into the bedroom life of the Leakes and see other parts of my home now at PEOPLE.COM
6 of 25
7. They want to kick you when you down, but kick it when you up
7 of 25
8. Got my advance copy of #Mafia3 at @gamestop. Get yours via link in the bio #Mafia3 #Ad
8 of 25
9. This is some of the cast and our diverse team of writers in the writer's room creating funny sh*t for @nbcmarlon what a fun room! Lots of jokes, great stories and having a great time doing what we love... making people laugh and feel something. Look out for our show next year @nbcmarlon we bringing sitcoms back to NBC
9 of 25
10. #HappySunday☀️Thank you @4everbrandy101 💛💡💛
10 of 25
11. Happy to be back in Central Falls, RI breaking ground for the One Stop Health Center and hosting a local community event with #Vaseline.
11 of 25
12. Thank you all in advance 💋💋💋 #Repost @urbansvintage・・・#TarajiPHenson's memoir #AroundTheWayGirl will be available everywhere TODAY October 11th! Will you be purchasing a copy? #UrbansVintage
12 of 25
13. Moms got my back
13 of 25
14. @galore dinner party glo ✨ thanks to @styledbygiigii
14 of 25
15. 🌹#ThisIsWhatTheTruthFeelsLikeTOUR #forevereve
15 of 25
16. Yes, all those videos I've been posting have led to this: the introduction of skincare to @TYRABeauty! This is the rundown on the new line:Years of research and beauty tips I live by led me to produce the most effective and delightful skincare out there. I'm all about taking really good care of my skin, so I can look like I'm aging in #TyraYears and go filter free on Instagram when I feel like it! Now, it's your turn. ✨My Mama always told me not to wash my face with just my hands. "Tyra, girl, you're just moving the dirt around!" And I've listened. First up is The Clean Machine.... ...a 3-in-1 foaming face wash that cleanses, removes makeup and purified your skin. It has patented technology - a attached Turbo Cleansing Tool - to give you that deep clean that makes your skin feel super fresh. Wanna know more? Yeah, baby. Click that link in my bio.
16 of 25
17. On set of #beingmaryjane like... ❤️😬💃🏾
17 of 25
18. #carouselofhope@yvetteshelton100@makeupbylatrice @thestacetheface@marialuciahohan24
18 of 25
19. I refuse to let a little cold stop me from my daily routines to greatness. #onlythestrongsurvive #warriors
19 of 25
20. Big things begin with big THINKING... #BusinessEthics #SetLife 🎥
20 of 25
21. Goodnight - here's a song
21 of 25
22. Words can't explain the feeling that I have right now.....God is good. look momma I made it. #Harts #Blessed #WhatNow #comedicrockstarshit #4DaysAway
22 of 25
23. I tried to get a better video with out the nasty bib but she started getting mad at me..lol! Big cuz @the_queen_caitlin trying to show her what to do. #MamasToots #HeirBear👑💜
23 of 25
24. Gorgeous Serena joined Beyoncé in Formation last night on stage in New Jersey!!!
24 of 25
25. 😜 @lifeofdesiigner & @rockohill
25 of 25