Wednesday, February 23, 2011

Google fight Spanish requirements to Remove ' libellous ' links

Google Inc European HeadquartersGoogle will challenge Spain's privacy regulator in court this week. Photo: Bloomberg/Getty Images

Google will this week challenge a Spanish demand will remove links to articles in newspapers, including El País and official journals, the items that have complained about violate their privacy.

Technology-giant has been ordered to remove nearly 100 online articles from its search listings by Spanish data protection authority, which Google warns would have a "deep," chilling effect on freedom of expression.

Google will challenge the orders in a Madrid Court on Wednesday, the result of which could constitute a precedent for controversial new for the release of internet in Spain.

Injunction against search engines is the only way to block access to sensitive materials published by these sites, the Spanish authorities argue that newspapers in the country legally can refuse to comply with more informal requests.

Google says, however, it works only as an intermediary, and therefore it cannot be held responsible for all content on the Internet.

Peter Barron, Google's Director of external relations for Europe, told the guardian: "we are disappointed by the Spanish privacy regulator acts. Spanish and European law rightly hold the Publisher of the material that is responsible for its content.

"Require intermediaries like search engines to censor material published by the other would have a profound, chilling effect on free expression without to protect people's personal information."

The event covers the five contested articles will reach Madrid magistrates ' court this week. Google will be ordered to remove articles from its search results, if its Court challenge has failed. However, the articles would still be available at newspaper sites should Google loses.

Requirements Follow a burgeoning public debate in Spain on the "right to be forgotten" – or to the right of people to delete their internet data "trails". Complaints from the public about their representation online has jumped 75% year after year, the country's privacy regulator said in June last year.

Padraig Reidy, news editor at index on censorship, said the ruling would have "massive ramifications" for freedom of expression. "What is worrying is the reason why they should go to Google, rather than the people who put up this content — some of which are legally bound.

"It intervenes in privacy law, and has massive ramifications on freedom of expression and how the Internet works. If Spain punish search engines for indexing content, how can there be freedom of speech? It looks like a level of people who don't know how the Internet works. "

Spain Agencia Española de Protección de Datos – national data protection agency – declined to comment.

• This article heading and the first subparagraph was amended on 17 January 2011 reflects the fact that complaints against Google is about invasion of privacy, rather than libel, as previously stated


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