This bill is currently under discussion. It prohibits the activation of the autocomplete function of search engines to do pejorative and/or undermining reference of the rights of good name, honor, human dignity and privacy of Internet users and non-users. After the promulgation of the law, existing search engines must exclude the pejorative references mentioned (art. 3).
A newspaper published information regarding an allegedly sexually abused minor. The published information, which leaked from governmental institutions, almost revealed the minor's identity completely. The Court confirmed that, by making the information available on the Internet and make it retrivable through search engines, the privacy right of the minor was violated. As in the previous judgment T-040/13 (see below), the Court ruled that Google Colombia was not responsible for the information displayed through the search engine. Instead, liability was to be casted only upon the the newspaper, which collected, analyzed, processed and disseminated the information about the minor.
Stating that when there is a favorable outcome for an individual in a proceeding—in this case Gloria was acquitted from charges of human trafficking—there is an obligation to update the information and make the outdated information unavailable through searches; however, this obligation would apply only to media outlets—el Tiempo in this instance—which should ensure, using available Internet tools, that search engines would be unable to find the article, while ordering Google to block an article linking an individual to human trafficking would amount to a form of prior censorship.
This article anlalyses the rejection of the Ley Lleras proposal in 2011. That proposal would implement domestically the terms of the FTA between Colombia and USA.
Glushko-Samuelson Intellectual Property Clinic, in collaboration with Andrés Izquierdo and Fundación Karisma. 2013.Intellectual Property Reform in Colombia: Future Colombian Copyright Legislation Must Not Place Overly Restrictive Burdens on Internet Service Providers that Unnecessarily Restrict Access to Information and Freedom of Expression of the People of Colombia. PIJIP Research Paper no. 2013-03.
Court ruled a writ of amparo (“acción de tutela”) regarding the request of a citizen of eliminating an old newspaper article that connected him to a criminal organization and a former criminal process. The article was displayed on Google search engine and a newspaper website. The plaintiff claimed the violation of his fundamental rights of privacy, good name and honor. According to the Court, Google search engine had not published the information and, for that reason, it was not required to modify, correct, delete or supplement the information retrieved in a specific search.