Supreme Court, Civil Chamber, merodeando.com, 742/2012

Document type
Court Decision
Country
holding a blogger not liable for one of his posts and for the comments posted by users; the court found that both the blogger’s post – which linked to allegedly defamatory contents – and the comments posted by users did not amount to a defamation; while they contained harsh criticism against the claimant – the Spanish copyright collecting society, SGAE – they were protected by the right of freedom of expression; thus although the blogger had actual knowledge of the contents and chose not to remove them, no liability attaches because the contents were ultimately licit; the ruling reversed a previous judgment issued by a lower court holding the blogger liable. 
Country
Year
2012
Topic, claim, or defense
Defamation or Personality Rights
Freedom of Expression
Document type
Court Decision
Issuing entity
Highest Domestic/National (including State) Court
Type of service provider
Host (Including Social Networks)
Issues addressed
Trigger for OSP obligations
OSP obligation considered
Block or Remove
Type of law
Civil
General effect on immunity
Mixed/Neutral/Unclear