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An opinion in favor of freedom of expression on the Internet

Document Citado por Related
Vincent
AutorEleonora Rabinovich and Atilio Grimani
Páginas44-45

Page 44

See notes 17 and 18

The opinion of the National Attorney General in the Da Cunha case regarding the responsibility of Internet intermediaries could be the irst step towards a Supreme Court case which will impact the entire region.

In Argentina, the issue of responsibility of Internet intermediaries became visible as a result of a number of legal actions against Internet search engines, actions which have collectively created a jurisprudence which is very problematic for freedom of expression.

Judicial cases from recent years have generally involved celebrities complaining about the unauthorized use of their images by third parties or the linking of their names with webpages with reprehensible content. More than 150 cases of this nature have been iled. In these cases, plaintiffs have generally requested the elimination of the link between their name or image and the webpages which supposedly harm them. In some cases, plaintiffs have sought economic compensation for damage. These demands have ocurred in various procedural stages.

Until now, there have only been two decisions involving the liability of search engines. Most cases until now have addressed protective measures which erase the results of searches that actors consider violations of their rights.

The irst, and probably most emblematic, case to arrive to the Supreme Court was Da Cunha. In Da Cunha, actress, singer and conductor Virginia Da Cunha iled lawsuit against search engines Google and Yahoo! alleging they had damaged her image by linking her name and image and webpages with sexual, pornographic, and prostitution content.

The lower court ruled in favor of Da Cunha, arguing that even though they function automatically, search engines know and select the shown data, thus "participating in content selection". The judge held that the liability of the search engines was based on the fact of facilitating access to offensive content. The judge, however, overruled the issues of liberty of expression and

Page 45

the right to information, arguing that they do not constitute an absolute right and allow for restrictions upon abusive exercise. The decision was repealed in the Chamber of Apeals, which found that it was impossible to fault the search engine and consequently reverted the order to compensate Da Cunha.

On August 22nd of this year, the National Attorney General delivered an opinion of the Da Cunha case (here). Deputy Attorney General Laura Monti delivered a...

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