The liability of Internet search engines regarding the information uploaded by third parties has been a controversial affair since the dawn of the Internet. In Europe a ruling is in effect which granted a citizen the right to be forgotten over the collective right to information. In the U.S., on the contrary, the regulatory framework and jurisprudence establish almost absolute immunity for search engines, with a different regulation governing copyright disputes. Latin America seems to be heading towards a third, alternate way. The Supreme Court of Argentina recently ruled that search engines are not responsible for the aforementioned content except in certain cases, in line with Brazilian and Chilean regulations.
Pablo Abiad, Partner and Managing Director of LLORENTE & CUENCA Argentina