Argentina Court Grants Appeal in Favor of Google

An Argentina Appeals Court reversed a decision in favor of an individual’s right to be forgotten request on Google. As Google only link to pages by third-party website they cannot be considered responsible for publishing the information.

Background

The Plaintiff previously brought a case against Google regarding their right to be forgotten. They requested that the search engine remove their name, photographs and any reference that allows the Plaintiff to be identified with profanity and defamatory language. The original decision ruled in the Plaintiff’s favor.

Appeal

Google have appealed the original decision based on the damage it may cause the Plaintiff and the wide-spread effects caused by the decision.

The appeal was granted due to a number of factors. Google highlighted the fact that when entering the Plaintiff’s details the results bring up pages with information and opinions. These pages are protected by the constitutional right to freedom of speech. The original decision was made in the belief that Google were the was publishing the information or opinions about the Plaintiff. However, Google only provides links to other pages who are the ones that publish this content. They cite that Article 1 of the Internet Service Law provides that “the search, reception and dissemination of information” through the search engine is protected by the constitutional freedom of expression. Argentina’s Supreme Court has highlighted that provisional elimination of certain internet addresses implies an act of censorship that interrupts the communication process.

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