Ingresar
Supreme Court ruling favors web search engines
By Estudio Chaloupka
In 2006 model María Belén Rodríguez sued both companies for unauthorized use of her name and image as their search engines linked her with erotic and/or pornographic websites.
A first instance ruling upheld the claim ruling Google and Yahoo had strict liability for their search engine results and therefore had failed “to block or prevent the existence of illegal contents harmful to the personal rights of the plaintiff”. The Court fined both companies and ordered the elimination of all links that related Rodríguez name and image to erotic and/or pornographic websites.
Nevertheless the National Court of Appeals in civil matters partially revoked the first instance ruling, rejecting the claim against Yahoo and partially admitting it against Google.
Finally, last 28 October 2014 the Supreme Court rejected the theory of strict liability and established that search engines cannot be in principle liable for contents they have not created. However, they must be held liable when, once duly notified of the illegal contents, they fail to take diligent actions in connection with the removal of contents or blocking of links.
“When links clearly injure the personal rights of an individual”, that person may require the search engines to “execute the necessary measures for the removal or blockage of links”, the ruling states. If those measures are not taken, search engines may be held liable for for their negligent behavior or misconduct.
Estudio Chaloupka
Estudio Chaloupka Industrial Property is a professional firm specialized in Intellectual Property, existing as of more than 50 years (under different names), with a staff of professionals with a high level of technical and legal expertise in trademarks, patents, models and industrial designs, copyright, software, licensing, domain names and litigation.
The firm provides its clients - pertaining to the fields of pharmaceuticals, chemicals including agrochemicals, banking, luxury goods, equipment and supplies for the oil industry, footwear, garments, food and drinks, hotels- with a complete range of intellectual property services not only in Argentina but also throughout the world.
Our professional team is committed to providing clients with high quality services, tailored to their particular needs, allowing them to achieve their professional and business goals.
