Sunday, August 22, 2010
Search engine companies win downstream liability appeal in Argentina
Previously, a lower court had ordered that the companies pay damages to entertainer Virginia De Cuna and remove all search engine results from sites containing pornography and her name simultaneously.
The New York Times has a story Aug. 19 by Vinod Sreeharsa, link (website url) here . The appeals court ruled that the companies “could be held liable for defamation only if they were made aware of clearly illegal content and were negligent in removing it”. Yahoo! has since removed the entertainer’s name from all search engine results in Argentina, the first known in the world.
On Feb. 24, 2010 this blog discussed a somewhat similar case in Italy.
In the US, Section 230 probably would have protected the companies.