Corte Suprema [Supreme Court], Páquez, José c/Google Inc. s/medidas precautorias

CIV 23410/2014/3/RH2
Document type
Court Decision
Country

The Supreme Court of Justice overturned a judgment of the Civil Court of Appeals, which ordered Google to remove a search suggestion that involved the General Secretary of a public university and to refrain from recommending it, since the content affected the plaintiff’s honor. Also, the lower court ordered to cease the dissemination of certain URLs when a search is made with the plaintiff’s first and last name, as well as to delete the content stored as a caché version of those URLs, all within ten days, under the warning of applying a financial penalty. In turn, the Supreme Court declared that “it is necessary to remember that freedom of expression has a preeminent place within the framework of our constitutional freedoms". It also pointed out that the lower court ruling “implies an act of censorship” because “it prevents the concretion of the act of communication” by prohibiting access to such information, “or at least it makes it very difficult”. In addition, it stated that the questioned content was about a public official in relation to the exercise of his duties. In particular, they allude to alleged aggression against students who participated in student political groups - an incident that motivated the start of a criminal case. Therefore, according to the High Court, "the information and opinions contained therein are of unquestionable public interest and are on opposite sides of the openly illicit content linked to unprotected speech”.

Country
Year
2019
Topic, claim, or defense
Defamation or Personality Rights
Document type
Court Decision
Issuing entity
Highest Domestic/National (including State) Court
Type of service provider
Search Engine or Index
Issues addressed
Other
OSP obligation considered
Other
Type of law
Constitutional
General effect on immunity
Strengthens Immunity