On a split decision the Argentine Supreme Court of Justice (“SC”) recently ruled a new case on civil liability of Internet search engines. Following the criteria of the leading cases “Rodríguez” and “Gimbutas”, the SC understood that search engines are not liable for third-party generated content since it constitutes the legitimate exercise of the right to freedom of speech and publication of information. The court applied again the principles of fault-based liability rather than strict liability standards.
Facts
In the case “Mazza, Valeria Raquel v. Yahoo SRL Argentina and other” the plaintiff Valeria Mazza instituted a court action against Yahoo SRL Argentina (“Yahoo”) and Google Inc. (“Google”) invoking that her personal rights such as honor, dignity, privacy, reputation and publicity right were violated. On one hand she claimed the immediate cease of what she considered it was an illegal use of her image by the search engines and the removal of the results associated to her name from specific websites; on the other hand, she requested also the compensation for the damages that this has caused. She further explained that when including her name in the search field of Google (www.google.com.ar) and Yahoo (www.yahoo.com.ar), websites of sexual, pornographic, erotic or sex were shown as results, all of which were incompatible with Mazza’s spiritual feelings, thinking and line of conduct. Moreover, the plaintiff argued that the images search results constituted an unauthorized use of her image since pictures with her name were associated with the aforementioned pornography and sex offer website.
First Instance’s...
