On September 12, 2017, the Supreme Court of Justice of Argentina ruled again on the responsibility of Internet search engines. It was in the case "Gimbutas, Carolina Valeria vs Google Inc."

Ms. Gimbutas -a former model- claimed compensation for damages caused by relating her name and image with sexually-oriented indexed content, and by the use of her image without her consent by search engines.

In both the first and second instances the claim was rejected.

The Court ratified its decision in re "Rodríguez María Belén v. Google" (2014), and confirmed that Search services are protected under the constitutional right of freedom of speech. The Court said that Search engines are not liable for the content they index, unless they do not take diligent actions to block it upon a specific warning. The five justices voted in the same sense.

For Image search, the Court (with new members) ratified the majority vote of "Rodríguez María Belén". Judges Lorenzetti and Maqueda, however, maintained their dissenting opinions.

For the new majority of the Court, search engines do not "capture", "reproduce" or "put into commerce" images, in the sense of Section 31 of Law 11.723, and Section 53 of the new Civil and Commercial Code (2015). Instead, they facilitate the access to images for Internet users, which are reproduced or put on the market by others. In addition, the images serve as a "links" to existing information on third-party sites.

Justice Rosenkrantz's vote expanded the majority grounds and considered that the consent of a person to have his or her images reproduced on the Internet implies the consent to be automatically indexed by search engines. He also dismissed the alleged breach of Data Protection Law 25,326 considering that the indexing process was consented, and that the images indexed by Google were obtained from unrestricted public access sources.

Google Inc. was represented in all instances of the trial by PAGBAM - Pérez Alati, Grondona, Benites, Arntsen & Martínez de Hoz (h),

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