Judicial Branch of the Nation
FEDERAL CRIMINAL AND CORRECTIONAL CHAMBER - ROOM 1
CFP 8553/2015/4 / CA3
mere intermediaries between users and the sites that exist on the Internet, but
they do not create the information available in it, but only take care of its
indexing through the use of technology based on computer programs.
After the appeal was filed
pertinent through which the intervention of this Hon. Chamber, this Court, after
analyzing the doctrinal, jurisprudential and constitutional scope of the
compromised rights, that is, freedom of expression, on the one hand; and honor,
on the other hand, approved the original measure provided in the previous
instance, except for those URLs that were inactive, in addition to entrusting the
deepening of the investigation to other search engines that also reproduced the
false news object of this file (CFP 8553/2015/1 / CA1, rta .: 27/8/19).
Notwithstanding that all URLs linked to
that false news had already been de-indexed in accordance with the
precautionary measure originally ordered, on February 14, 2020 Google was
notified of an extension of the mandate through which it was required to comply
with that measure, under the warning of considering it incurred in the crime
provided in article 239 of the CP. After detailing the URLs related to false
information in that piece, the need for search engine de-indexing was
emphasized. www.google.com- what is generic and
plus
used
worldwide-,
www.google.com.mx
Y
www.google.com.es of all those URLs that made reference to or redirected to
the “fake news” related to the arrest in Mexico of ES, among them, those that
emerged specifically from the links detailed in that extension of measure.
Days later, after the appellant
If he responded to that injunction requesting that it be annulled, the judge of grade
rejected the arguments presented by the party, and ratified the extension of the measure
in dispute here.
Signed date: 06/16/2020
Signed by: LEOPOLDO OSCAR BRUGLIA, CHAMBER JUDGE Signed by:
MARIANO LLORENS, CHAMBER JUDGE Signed by: PABLO DANIEL
BERTUZZI, CHAMBER JUDGE
Signed by: MARIA VICTORIA TALARICO, SECRETARY OF THE CHAMBER
# 34649449 # 260473037 # 20200616120654200