CYRILLA: Global Digital Rights Law

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Gloria v. Google and EL TIEMPO

Case Law

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Gloria v. Google and EL TIEMPO

Case Law

Country

Colombia

Country Location

Latitude: 3.0016069525797207

Longitude: -73.96890197152884

Country Location (linked Case Law): Colombia

Decision Date: May 12, 2015

Case Status: Closed

Case Outcome (Procedural)

Affirmed in Part/Reversed in Part

Case Outcome (Disposition)

Access Restriction/Content Regulation/Information Control
Order to Publish Update, Correction, or Reply

Keywords

Access to Information
Data Protection and Retention
Defamation / Reputation
False News
Filtering and Blocking
Freedom of Press
Intermediary Liability
Privacy
Public Interest
Right to be Forgotten
Search Engines

Judicial Body: Constitutional Court

Court Name: Constitutional Court of Colombia

Case Number: T-277/15

Case Summary: The Constitutional Court of Colombia issued a tutela decision in a case against Google and the newspaper EL TIEMPO. The Court ruled that the newspaper must update certain information regarding an individual’s involvement in a criminal investigation. The Court, however, absolved Google of any liability, noting that it acted solely as an intermediary. The case arose when the individual sought to prevent access to an online news article detailing her alleged involvement in the investigation. Although the information was accurate at the time of publication, the proceedings were later discontinued, and she was not found guilty by a judge. The Court reasoned that the newspaper should update the information on its website and implement a technical tool to prevent search engines from linking the article to her name.

Case Significance: The decision establishes a binding or persuasive precedent within its jurisdiction.

This decision partially expands freedom of expression internationally by applying the three-part test to clarify the types of measures that may restrict this right, while affirming that intermediaries cannot be held responsible as they are not creators of internet content. In doing so, the decision explicitly distances itself from the doctrine established in the Costeja case by the Court of Justice of the European Union. Nonetheless, the Court imposed on media outlets not only the obligation to update published information on criminal proceedings or sentences but also to use tools that prevent search engines from linking articles to a person’s name, without clearly specifying all exceptions to this rule. Although the Court identified certain exceptions, such as for news involving public officials, crimes against humanity, or severe human rights abuses, these exceptions may be insufficient to fully protect freedom of expression online in other cases where using these tools to obscure a person’s criminal history could be disproportionate.

Related Caselaw (self)

Fierro Caicedo v. Google Inc
Gloria v. Google y El Tiempo (Derecho al olvido)
Google Spain SL v. Agencia Española de Protección de Datos
Graziani v. El Mercurio

Related Law

Constitution of Colombia

Source URL: Global Freedom of Expression

Collection

Columbia

Date Updated: Jul 3, 2024

Primary Documents

Judgment
Spanish
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