Cámara Nacional de Apelaciones en lo Civil de la Capital Federal, Sala III [National Civil Court of Appeals, Buenos Aires Capital District], Cita Online: MJ-JU-M-97758-AR, March 11, 2016
Document type
Court Decision
Country
The president of the Make a Wish Foundation in Argentina sought a preliminary injunction against Google for the removal of a defamatory blog post and other websites that republished it. The Court affirmed the judgment denying the injunction. According to the decision, the allegedly defamatory content was a matter of public concern because it pertained to the foundation’s fundraising activities and management of donations, and plaintiff had failed to prove falsity as part of her prima facie case. The Court held that it would be unreasonable to enter a preliminary injunction against Google, requiring deindexing of the blog, when the owner of the blog could have contested plaintiff’s allegations had he been named defendant to the lawsuit.
Country
Year
2016
Topic, claim, or defense
Defamation or Personality Rights
Privacy or Data Protection
Freedom of Expression
Document type
Court Decision
Issuing entity
Appellate Domestic Court
Type of service provider
Search Engine or Index
Issues addressed
Notice Formalities
Trigger for OSP obligations
Procedural Protections for Users and Publishers
OSP obligation considered
Block or Remove
Type of liability
Primary
Injunctive
Negligence Liability
Tort/Extracontractual Liability
Type of law
Civil
Constitutional
General effect on immunity
Strengthens Immunity
General intermediary liability model
Takedown/Act Upon Knowledge (Includes Notice and Takedown)
Takedown/Act Upon Court Order