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
Document type
Court Decision

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 engines. Lastly, the Court considered the fact that it had not been determined whether the content of the images or the means by which they had been obtained violated plaintiff’s right to privacy. For the aforesaid reasons, the injunction was denied.

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
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
Negligence Liability
Tort/Extracontractual Liability
Type of law
General effect on immunity
Strengthens Immunity
General intermediary liability model
Takedown/Act Upon Knowledge (Includes Notice and Takedown)
Takedown/Act Upon Court Order