In a rare victory for Google and Yahoo Argentina, an Argentine appeals court has overturned a lower-court ruling that had found the two Internet search companies liable for defamation for including sex-related Web sites in their search results that mentioned the name or posted photos of the Argentine entertainer Virginia Da Cunha without her authorization.
The lower-court decision last year had also ordered the companies to pay damages and remove all sites containing sexual, erotic and pornographic content that contained the name or image of Cunha from its results.
The majority opinion said the search engines could be held liable for defamation only if they were made aware of clearly illegal content and were negligent in removing it.
The 2-to-1 appeals court ruling, issued last week, is important because the Cunha case was the furthest along in the courts of at least 130 similar cases, dating back to 2006. Each one demands content removal, often in sweeping terms.
Despite the victory, Google and Yahoo Argentina’s legal battles are far from over. Argentine judges are not required to abide by the latest decision and one of Cunha’s lawyers, Gustavo Tanus, said he intended to appeal to the Argentine Supreme Court.
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