Court confirms jurisdiction in lawsuit against Google

Monday, July 11, 2011

An Argentine federal court has dismissed an appeal by Google (Nasdaq: GOOG) against a Jujuy provincial court's ruling ratifying the country's jurisdiction in a lawsuit against the internet giant, judicial information center CIJ reported.

Jujuy province's senator Guillermo Jenefes sued Google for hosting on its blogger site what he considered an offensive entry by a third party. The message - spread through Google's search engine - was not removed as requested by the senator.

Google questioned Jujuy's jurisdiction regarding this matter, saying none of the actions occurred in the province but in the company's systems, hosted in California.

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In turn, Jenefes argues that Jujuy indeed has jurisdiction, since the actions took place in the province where he lives, affecting his family and reputation.

The court ruled that "the act by which the claimant is being damaged - the alleged libel, discrediting of his public image and moral damage - has undoubtedly taken place in Jujuy province, for that is where the claimant and his family live and where he has developed his political career; and no other place, much less in California."

Accepting Google's stance only increases the inequality existing between an individual and an international company, favoring the latter to the detriment of users, the ruling reads.

Use this link to access a full copy of the ruling, in Spanish.