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Freedom of Expression v. Social Responsibility on the Internet: Vivi Down Association v. Google

Cohen-Almagor, Raphael; Stamile, Natalina

Authors

Natalina Stamile



Abstract

The aim of the article is to reflect on Google’s social responsibility by analyzing a milestone court decision, Vivi Down Association v. Google, that took place in Italy, involving the posting of an offensive video clip on Google Video. It was a landmark decision because it refuted the assertion that the Internet knows no boundaries, that the Internet transcends national laws due to its international nature, and that Internet intermediaries, such as Google, are above the law. This case shows that when the legal authorities of a given country decide to assert their jurisdiction, Internet companies need to abide by national laws if and when they wish to operate in that country.
Section II discusses the concept of Corporate Social Responsibility (CSR), which formulates ethical guidelines for companies, arguing that the principles of social responsibility area model for responsible and professional business. Section III presents the concepts of the dignity of the person and privacy in Italian law. Section IV explains the law of defamation. Section V explains the court cases that were brought against Google in Italy, while Section VI discusses and analyses the court judgments in light of pertinent considerations, including CSR, the dignity of the person, privacy, and defamation.

Citation

Cohen-Almagor, R., & Stamile, N. (2021). Freedom of Expression v. Social Responsibility on the Internet: Vivi Down Association v. Google. Seattle Journal of Technology, Environmental & Innovation Law, 11(2), 350-389

Journal Article Type Article
Acceptance Date Dec 23, 2020
Online Publication Date May 14, 2021
Publication Date May 14, 2021
Deposit Date May 15, 2021
Publicly Available Date May 28, 2021
Publisher Seattle University School of Law
Peer Reviewed Not Peer Reviewed
Volume 11
Issue 2
Article Number 5
Pages 350-389
Keywords Bullying; Corporate Social Responsibility; Defamation; Dignity; Google; Italy; Privacy; Vivi Down Association
Public URL https://hull-repository.worktribe.com/output/3770985
Publisher URL https://digitalcommons.law.seattleu.edu/sjteil/vol11/iss2/5/

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This Article is brought to you for free and open access by the Student Publications and Programs at Seattle University School of Law Digital Commons. It has been accepted for inclusion in Seattle Journal of Technology, Environmental & Innovation Law by an authorized editor of Seattle University School of Law Digital Commons.







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