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Court Decision

Imagen Satelital S.A. c/Quien Resulta Titular del Sitio Web CUEVANA s/Medidas Precautorias,

Juzgado Nacional de Primera Instancia en lo Civil [National First Instance Civil Court], Civil. Expte. Nº 72.792/2011.
On November 2011, following a claim from Imagen Satelital S.A., a judge ordered ISPs to block access, for all Internet users, to specific content on the website “Cuevana," including the TV series ‘'Falling Skies’’, ‘’Bric’’, and ‘’26 people to save the world’’. The blocking order was based specifically on Article 79 of the Copyright Law. The National Commission of Communications implemented the judicial decision and ordered the ISPs to block access to the infringing content.
Court Decision

Delegación de Asociaciones Israelitas Argentinas v. Google Inc

Juzgado Nacional de Primera Instancia en lo Civil [National First Instance Civil Court], Civil, Expte. n° 34023/11 Cita Online La Ley AR/JUR/16489/2011
The Argentine Delegation of Israeli Associations (DAIA) requested that Google removed the links to many websites presenting ostensibly anti-Semitic and discriminatory content. DAIA filed a class action and the judge ordered Google to remove links to almost 80 websites including references to negations of the Holocaust and criticism of Israel. The judge acknowledged that such a broad restriction may be considered prior censorship under Argentine Constitutional Law but argued that this prior restriction is allowed when the content being banned is illegal and offensive.
Court Decision

Virginia Da Cunha v. Yahoo de Argentina S.R.L. and Google.

Cámara Nacional de Apelaciones en lo Civil de la Capital Federal [National Civil Court of Appeals, Buenos Aires capital District], Civil, Da Cunha, Expte. Nº 99.620/2006; Cita Online: AR/JUR/40066/2010, August 10, 2010
In Argentina, controversies against the search engines Google and Yahoo! arose in civil lawsuits brought by different ‘celebrities’ and well‐known public figures for violation of their honor and privacy, or for unauthorized use of their names and images on websites with sexual or pornographic content or with offers of sexual services. Da Cunha is just a sample of over a hundred decisions that all apply very similar arguments to very similar fact patterns: a plaintiff who is famous or well-known had his or her image used without authorization by potentially offensive websites operated by third parties unaffiliated with Google and Yahoo. These operators were not named as parties to the lawsuits. Rather, the plaintiffs brought suits against the search engines for facilitating access to the unauthorized content. The...

General Resources - Argentina

Asociación por los Derechos Civiles (ADC), ‘Challenges Facing Freedom of Expression: Intermediary Liability in Argentine Case Law’ Freedom House, ‘Freedom on the net 2011 A global assessment of Internet and Digital Media. Argentina' Freedom House, ‘Freedom on the net 2012: A global assessment of Internet and Digital Media. Argentina' Argentina Supreme Court Protects Online Reposting Intermediary Liability Doctrine: Same Wine in New Bottle?
Court Decision

Bluvol, Esteban Carlos c / Google Inc. y otros s/ daños y perjuicios

Cámara Nacional de Apelaciones en lo Civil de la Capital Federal [National Civil Court of Appeals, Buenos Aires capital District], Civil. Exp. N° 59.532/2009, Cita Online: AR/JUR/55851/2009
In the Bluvol case, the plaintiff came to know of a blog on Blogspot, which he had not created, but was posted under his name. This blog was easily accessible by searching the plainftiff's name on Google. Bluvol argued that the information found on this blog was false and affected his personal and professional life. The court of first instance ruled in Bluvol's favour, requiring the search engines to compensate Bluvol. The judge based his decision on the fact that Google's liability was objective. The Appelate Court sustained that the attributing factor was not objective, since the objective liability of search engines would always lead them to be liable, regardless of their conduct. Moreover, it emphasized that search engines do not create the content. They provide users with tools to access and find it. The Appelate...