Albertario Claudia c/ Yahoo Argentina y otro s/daños y perjuicios

Cámara Nacional de Apelaciones en lo Civil de la Capital Federal, Sala II [National Civil Court of Appeals, Buenos Aires Capital District], June 2, 2015
Document type
Court Decision
Country
Argentina

This case is one among numerous civil lawsuits brought against the search engines Google and Yahoo! by different ‘celebrities’ and well‐known public figures for violation of their honor and privacy. Similar to “Giovanetti”, the Court stated that a generic preliminary injunction ordering the removal of allegedly infringing content is not sufficient to make a search engine liable. However, in this case, the Court observed that although the lower judge’s order was too broad, the plaintiff had presented documentary evidence that contained a list specifying the infringing websites in issue. Thus, the Court concluded, Google had actual knowledge of the unlawful content and was liable for its failure to promptly remove it.

Country
Argentina
Year
2015
Topic, claim, or defense
Defamation or Personality Rights
Privacy or Data Protection
Freedom of Expression
Document type
Court Decision
Issuing entity
Highest Domestic/National (including State) Court
Type of service provider
Search Engine or Index
Issues addressed
Notice Formalities
Trigger for OSP obligations
OSP obligation considered
Block or Remove
Monitor or Filter
Type of liability
Primary
Injunctive
Negligence Liability
Tort/Extracontractual Liability
Type of law
Civil
Constitutional
General effect on immunity
Mixed/Neutral/Unclear
General intermediary liability model
Takedown/Act Upon Knowledge (Includes Notice and Takedown)
Takedown/Act Upon Court Order
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Cámara Nacional de Apelaciones en lo Civil de la Capital Federal, Sala II [National Civil Court of Appeals, Buenos Aires Capital District], Causa N° 1841/2008, June 2, 2015
This case is one among numerous civil lawsuits brought against the search engines Google and Yahoo! by different ‘celebrities’ and well‐known public figures for violation of their honor and privacy. The Court held that preliminary injunctions are capable of determining whether certain content is ‘prima facie’ unlawful when they identify specific infringing content, as opposed to being issued in general terms (see “Albertario”). Accordingly, intermediaries are deemed to have actual knowledge of the infringing content specified in the preliminary injunction upon notice.