Corte Suprema [Supreme Court], Gimbutas, Carolina Valeria c/ Google Inc. s/daños y perjuicios

Expte. N° 40500/2009/CSl y otro, Cita Online: Id SAIJ: FA17000042, September 17, 2017
Document type
Court Decision

The Supreme Court ratified its holding in “Rodríguez”: intermediaries are liable if they fail to act after acquiring actual knowledge about the unlawful nature of specific third-party infringing content. Moreover, the Court reiterated that thumbnails are merely filtered links that should not be treated differently from text search results. Further, search engines do not “capture”, “reproduce” or “commercialize” images under articles 31 of the Law 11.723 and 53 of the Civil and Commercial Code. Even if they did, in an extended opinion, Dr. Rosenkratz added that manifest consent to the storage of one’s image in a website implies consent to the indexation and linking of such website and its content by search engines.

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
Trigger for OSP obligations
Type of liability
Negligence Liability
Tort/Extracontractual Liability
Type of law
General intermediary liability model
Takedown/Act Upon Knowledge (Includes Notice and Takedown)
Takedown/Act Upon Court Order
Takedown/Act Upon Administrative Request