M. Belen Rodriguez c/Google y Otro s/ daños y perjuicios,

Corte Suprema [Supreme Court], Civil, R.522.XLIX.
Document type
Court Decision
This landmark case addressed the liability of search engines for linking in search results to third-party content that violates fundamental rights or infringes copyright. Because Argentina had no intermediary liability legislation at the time, the Supreme Court reviewed domestic and international law, and reasoned from tort principles and constitutional or human rights law. Its decision was largely favorable to search engines. The Court (1) repudiated a strict liability standard on the basis of the threat it would pose to free expression rights; (2) held that search engines could not be liable for unlawful content upon notification unless a public authority had adjudicated the material as unlawful, with exceptions for cases of "gross and manifest harm"; (3) rejected any filtering obligation to prevent infringing links from appearing in the future;  and, finally, (4) construed Google Image thumbnails as links and not Google’s own content. See also CIS Blog
Topic, claim, or defense
Defamation or Personality Rights
Privacy or Data Protection
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
OSP obligation considered
Monitor or Filter
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