Rodriguez M. Belen c/Google y Otro s/ daños y perjuicios,

Corte Suprema [Supreme Court], Civil, R.522.XLIX.
Document type
Court Decision
Country
The case discussed the question whether search engines are liable for linking in search results to third-party content that violates fundamental rights or infringes copyright. The decision was largely favorable to search engines. The Court (1) repudiated a strict liability standard and adopted a test based on actual knowledge and negligence; (2) requested judicial review for issuing a notice to take down content (except in a few cases of "gross and manifest harm"); (3) rejected any filtering obligation to prevent infringing links from appearing in the future;  and, finally, (4) construed Google Image thumbnails as links and not Google’s own content. See also CIS Blog
Country
Year
2014
Topic, claim, or defense
Copyright
Defamation or Personality Rights
Privacy or Data Protection
Document type
Court Decision
Issuing entity
Highest Domestic/National (including State) Court
Type of service provider
Search Engine or Index
Issues addressed
Trigger for OSP obligations
OSP obligation considered
Monitor or Filter
Type of law
Civil
Constitutional
General effect on immunity
Strengthens Immunity
General intermediary liability model
Takedown/Act Upon Knowledge (Includes Notice and Takedown)
Takedown/Act Upon Court Order