Supreme Court, Civil Chamber, Palomo v. Google, 144/2013

Document type
Court Decision
Country
holding Google and its CEO are not liable for the search engine’s links to pieces of news containing false accusations against an individual; defendants are shielded from liability by Art. 17 of the Spanish Information Society Services Act, which sets forth a safe harbor for information location tools; notices sent by the aggrieved person were not enough to trigger actual knowledge because the illegal character of the information was not obvious by itself and thus Google did not need to take the links down to benefit from the linking safe harbor.
Country
Year
2013
Topic, claim, or defense
Defamation or Personality Rights
Document type
Court Decision
Issuing entity
Highest Domestic/National (including State) Court
Type of service provider
Search Engine or Index
Issues addressed
Notice Formalities
Trigger for OSP obligations
OSP obligation considered
Block or Remove
Type of law
Civil
General effect on immunity
Strengthens Immunity
General intermediary liability model
Takedown/Act Upon Knowledge (Includes Notice and Takedown)