The Minister of the Superior Court of Justice, Nancy Andrigui, ordered providers to take steps to ensure that search results with harmful content through URLs can be removed as quickly as possible.
The decision in question is related to the lawsuit filed against Google over non-consensual pornographic exposure, which constituted "serious damage to the personality rights of the person unduly exposed, in addition to configuring a serious form of gender violence that must be fought in a forceful by the legal means available."
The case began with a teenager, whose name was not disclosed, who ended up having intimate images exposed after a microSD card was stolen inside her cell phone.
As a result, the Third Panel of the STJ confirmed the court's jurisprudence that understands that internet search providers may be required to carry out prior monitoring of information, however, they may be ordered to exclude search results expressly indicated by the URLs as soon as the circumstances require.
"In these circumstances, the provider becomes subsidiarily liable from the extrajudicial notification made by the individual interested in the removal of this content, and not from the court order with this command"
The number of lawsuits in relation to pornographic content is on the rise. For Andrighi, even if men also have their photos leaked, the crime ends up being more harmful to women, which also reflects a gender issue.
"The occurrences of suicide or severe depression in young and adult women, in Spain and in the world, after being victims of this violent practice are not rare".
