Permanent Injunction Against Search Engines Dismissed

The Federal Court of Appeals in Civil and Commercial Matters dismissed a permanent injunction a plaintiff and his wife filed against ENACOM (National Communications Entity), certain news portals, Google Inc, and Yahoo Argentina SRL. The case involved a balance between freedom of expression and the right to honor and privacy of the individuals affected by the publications.

The plaintiffs requested the following:

1. to cease the broadcasting of publications linking the plaintiff to drug and medicine trafficking, as they were deemed false,
2. to prohibit media from referring to the plaintiff in relation to these events,
3. preventively block certain websites, removing any links mentioning the plaintiff from the challenged publications in search engines
4. to communicate the Court’s decision through all media outlets.

The first instance court rejected the injunction on the grounds that it lacked sufficient legal basis. The plaintiff appealed, considering the decision to be arbitrary—among other issues—because the association with the relevant publications affected his and his family’s personal rights.

On appeal, Division 3 of the Federal Court of Appeals in Civil and Commercial Matters understood that those seeking the removal of content they deem offensive must prove that such offense outweighs the "strong presumption of unconstitutionality" that exists against censorship. In this context, the Court considered that merely challenging the accuracy of a news report does not have sufficient legal basis, especially when only one publication mentioned suspicions linking the plaintiff to drug trafficking.

Consequently, the plaintiff's appeal was dismissed, and the first instance decision was upheld.