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Court Decision

Juzgado Nacional de Primera Instancia en lo Civil [First Instance Court], Denegri, Natalia Ruth c/Google Inc. s/derechos personalísimos

Expte. Nº 50.016/2016
A civil judge partially admitted the claim of the model and tv host Natalia Denegri and ordered Google to "deindex" all the images and videos related to the widely known "Coppola case" for being harmful to her image and honor. Denegri got media attention in the mid-1990s for being linked to a tv scandal known as the "Coppola case". In her lawsuit against Google, she requested the right to be forgotten. The plaintiff acknowledged that she was part of an important case that had public implications. However, after twenty years, the information still continues to appear in the search results, claimed Denegri, although it "belongs to a past that she wants to forget" and "it is old, irrelevant, unnecessary and obsolete, without any journalistic pertinence". In its answer, Google denied that any damage had been caused to...
Court Decision

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

CIV 23410/2014/3/RH2
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...
Court Decision

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
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.
Proposed Law

Legislative Proposal, 5771-D-2016

Intermediary Services on the Internet. Providers’ Responsibility Guidelines
Defines “intermediaries” as the ones that carry out or facilitate transactions between third parties on the Internet, whether they offer access to, hosting, transmission, or index content, products or services created by third parties. As a general principle, the text proposes that ISPs should not be liable for the information transmitted unless they modified it, and should not have the responsibility of supervising the content. The proposal determines that ISPs should be liable if they are notified and do not erase, deindex, block or remove “flagrantly illegal content” within five days. Cases of “flagrantly illegal content” are listed: child pornography; content that incites the commission of a crime; content that may put lives or physical integrity in danger; apology for genocide, racism, or discrimination; or...
Court Decision

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...
Proposed Law

Legislative Proposal, 942-S-2016

Intermediary Services on the Internet. Providers’ Responsibility Guidelines
This legislation would codify responsibility of intermediaries for content posted by users. It defines ISPs; access, interconnection, transmission and data addressing providers; automatic storage or cache services providers; hosting providers; link, search and content or information directories services providers; and content. The proposal states that providers should not be liable for the transmitted information, unless they originally transmitted it or modified it, or have effective knowledge of the illegality of the content. The proposal also determines that it cannot limit the capacity of ISPs to contract with its users on their own terms and conditions (“self-regulation”) including provisions for alternative mechanisms for notification, removal, interruption, blocking, or management of offending content. However...