Corte di Cassazione [Supreme Court], Third Criminal Section, Google-Vividown, 5107/14

Document type
Court Decision
Upholding the Milan Court of Appeal’s judgment and concluding a long dispute between the no-profit association Vividown and Google.
(1) Vividown brought a lawsuit against Google because it did not promptly remove a video from YouTube. The video portrayed a minor with the Down syndrome bullied by his classmates.
(2) For the Privacy Code article 167 “Any person who, with a view to gain for himself or another or with intent to cause harm to another, processes personal data (unlawfully) … shall be punished, if harm is caused, by imprisonment for between six and eighteen months or, if the offence consists in data communication or dissemination, by imprisonment for between six and twenty-four months, unless the offence is more serious”.
(3) The first trial found Google guilty for “not preventing the crime”; the Court’s reasoning was based on a provision of the Italian Criminal Code for which “not preventing a crime is like committing it” (Art 40). The appeal reversed the judgment. The Court ruled that to be found guilty under the article 167 a wilful misconduct must occur. The Corte di Cassazione confirmed the appeal. See also Blog Studio Legale Finocchiaro
Topic, claim, or defense
Document type
Court Decision
Issuing entity
Highest Domestic/National (including State) Court
Type of service provider
Host (Including Social Networks)
OSP obligation considered
Block or Remove
Type of law
General effect on immunity
Strengthens Immunity
General intermediary liability model