Mexico’s Supreme Court to Rule on Google’s $5B Blogger Case

Mexico City — A civil lawsuit in Mexico seeking approximately 5 billion pesos against Google has reached the nation's highest court, a case that could set a definitive precedent regarding the legal responsibility of digital platforms for content published by third parties on the internet.

The Supreme Court of Justice of the Nation (SCJN) is analyzing the lawsuit, which centers on allegedly defamatory content published on Google's Blogger platform. The outcome could redefine the boundaries of freedom of expression and the obligations of technology companies in monitoring online content.

Origins of the Landmark Case

The lawsuit was initiated by lawyer Ulrich Richter Morales and Claudia Ramírez Tavera against Google Inc. and Google Mexico. It originated in 2016 following the publication of content on a blog created by a third party in March 2014.

The blog, titled "Ulrich Richter Morales and his dirty tricks against the nation," contained what the plaintiffs allege was defamatory information, impersonation, and misuse of copyrighted material. The site included accusations about the lawyer's alleged ties to money laundering, drug trafficking, and a purported investigation by the U.S. Drug Enforcement Administration (DEA).

Richter requested that Google remove the blog. The company rejected the request, contending that removing the content could violate freedom of expression and contravene its internal policies.

Legal Proceedings and Escalating Damages

After the civil complaint was filed, a court in Mexico City ruled in March 2021 that Google was responsible for the third-party content published on Blogger. The court ordered the company to pay approximately 1.6 billion pesos in moral damages.

Google appealed the ruling, arguing that it acts as a technology intermediary and not as a content creator. The company maintained that its role is to provide digital infrastructure for users to publish information and invoked the right to freedom of expression of those who use its services.

In June 2022, the Eighth Civil Chamber of Mexico City upheld the initial ruling and increased the compensation amount to approximately 5 billion pesos. The case was taken up by the Supreme Court of Justice of the Nation in May 2023 and remains pending, with a final ruling possible in the coming days.

Competing Arguments on Expression and Liability

Estanislao Mezzadri, Google's litigation manager for Latin America, stated, "This ruling attacks freedom of expression and directly violates the USMCA [United States-Mexico-Canada Agreement], creating negative consequences for trade and investment in Mexico."

According to Google's legal representative, the ruling eliminates fundamental legal protections for the digital economy. "It is now up to Mexico's Supreme Court to break with the vices of the past and defend the country's international commitments," he stated.

For his part, plaintiff Ulrich Richter defended the court ruling, stating that it is an important decision that requires tech giants to "not go to their arbitrator affecting the rights of any person and that their actions have consequences."

Broader Implications for Internet Governance

Currently, Google's terms of service state that users are responsible for the content they publish on platforms like Blogger. This model is based on the intermediary liability regime, a legal concept inspired by regulations such as Section 230 of the U.S. Communications Decency Act.

In Latin America, similar principles are also enshrined in Article 13 of the Pact of San José, Costa Rica, which protects the right to seek, receive, and impart information without prior censorship. Legal experts point out that altering this framework could modify the functioning of the internet by forcing technology platforms to monitor or restrict content posted by users.