This litigation is one of many that have sought to impose some sort of obligaiton on search engines to better police their spaces. As the New Yirk Tomes noted in 2010:
Google and Yahoo won an appeal of a lawsuit brought by an Argentine entertainer, Virginia Da Cunha. Her name and some photos showed up in search results connected with sex sites. The appeals court ruled Google and Yahoo weren’t liable for defamation for third-party content.
The victory was a welcome one, but the companies face more than a hundred similar suits in Argentina. But while Internet companies struggle in authoritarian countries over what’s in search results, legal experts say that the Argentine cases are a an example of why developing countries need clear laws governing Internet content. Most of Latin America lacks legislation comparable to the United States’ Safe Harbors act that protects technology companies from liability over third-party content.. . . .
Lawyers think it is unlikely that something similar will even be debated in Argentina. Although Google and Yahoo Argentina won the Da Cunha case and may have the momentum for change, they face many more battles from unhappy private citizens. Eric Goldman, director of the High Tech Law Center at Santa Clara University in the United States, questions that approach to regulating the Internet. “These third parties want the right to veto search results they don’t like, but it’s doubtful they will exercise that veto power in a manner that improves the information economy.” (Vinod Sreeharsha, No Safe Harbors in Argentina. The New York Times, Aug. 20, 2010)And indeed, this past month the Argentine Supreme Court determined that search engines are not legally responsible for any content they index, or the consequences of that indexing. (Google victory in Argentina: search engines are not responsible for content they index, Merco Press, October 31, 2014) ("According to the justices, Google and other search engines can be taken to court if users have filed requests to remove links and have refused to comply. We praise this decision. It’s a great day for the Internet and freedom of expression,” said María Baudino, the head of Google’s Legal Department in Latin America.").
According to this report, Ms. Rodriguez's lawyers intend to take the case next to the Inter-American Court of Human Rights. It is possible that the Inter-American Court will use the opportunity to reshape the scope of the legal obligations of search and indexing companies, especially in the context of changes in European law.
Mr. Odon's remarks are set out below.