Friday, 22 October 2010

Da Cunha Virginia c/Yahoo de Argentina SRL

Da Cunha Virginia c/Yahoo de Argentina SRL, Argentinian Court of Appeals (2010 overturning 2008) – note Yahoo! Press release:
On August 13, 2010, an Argentine Appellate Court overturned a 2008 ruling of a lower court that had found Yahoo! de Argentina SRL and Google Argentina  liable for defamation in the case of an Argentine entertainer, Virginia Da Cunha. Da Cunha is one of several Argentine celebrities who have been seeking money damages in relation to the companies’ alleged failure to block all third-party owned and controlled sexually-oriented Web sites that contain their name or images. In issuing the 2-1 decision in favor of the companies, the Appellate Court concluded that the companies could be held liable for damages based on a defamation claim only if they were made aware of clearly illegal content and were negligent in removing it. The Appellate Court stated: 
“…this Court finds no liability can be held against Defendants (search engines) for injurious search results that appeared on the Internet before Defendants have received notice requesting the exclusion of said search results. The mere possibility that a (defendant) search engine produces search results from third party sites that yield offensive and scandalous information about an individual, which may cause injury or damage to that person’s image or reputation, does not by itself mean that said individual has a right to seek damages directly against the search engines.”

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