De Priete Yamila Daiana c/ Google Inc. y otro s/ medidas cautelares

Cámara de Apelaciones en lo Civil, Sala H, [National Civil Court of Appeals] - Incidente civil, Expte. N° 22595/2015, February, 2016
Document type
Court Decision
Country
Argentina

The plaintiff requested the blocking of any link to web sites in which photographs obtained from her Facebook account were published. This request was related to the news regarding the death of Alberto Nisman, an Argentine prosecutor. The Court rejected the request. First, according to the Court, the "highest disclosure of public information" principle prevailed as it was a case of public interest. There was a general interest to have access to this information. Second, the Court stated that Facebook's main objective consisted in sharing images and events. Consequently, limits to privacy had to be cautiously determined, especially when images relate to a case of public interest.

Country
Argentina
Year
2016
Topic, claim, or defense
Privacy or Data Protection
Freedom of Expression
Document type
Court Decision
Issuing entity
Appellate Domestic Court
Type of service provider
Host (Including Social Networks)
Search Engine or Index
Issues addressed
Notice Formalities
Trigger for OSP obligations
Procedural Protections for Users and Publishers
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
Strengthens Immunity
General intermediary liability model
Takedown/Act Upon Knowledge (Includes Notice and Takedown)
Takedown/Act Upon Court Order
Related entries
Court Decision
Argentina

F. D. S. c/ Google Inc y otro s/ medidas cautelares

Cámara Nacional de Apelaciones en lo Civil y Comercial Federal, Sala II [National Civil and Commercial Court of Appeals, Federal District], Civil - incidente, Expte. N° 22592/2015/1/CA2, April 22, 2016
The lower court had entered an injunction ordering Google and Yahoo to remove all links and images related to plaintiff, a model who appeared in some photographs that initially surfaced on social media where she appeared next to a federal prosecutor, Alberto Nisman, whose highly publicized death was under criminal investigation. The Court acknowledged an overriding public interest in the information and the images at issue. The fundamental rights to freedom of expression and access to information, under these circumstances, outweighed the right to privacy and publicity. Moreover, the Court recognized that some of the URLs identified by the plaintiff belonged to journalistic media. Then, according to the decision, the plaintiff should have sued those sufficiently identified media outlets instead of the defendant search...