Justice recently rejected a presentation of a gastronomic business in La Plata in a presentation against Facebook, since the owners of that enterprise -which owns two commercial premises in the center of the city-, requested to ban an Instagram profile, followed by more than 8,000 people, in which strong criticism was made of this business.
In that profile, the poor storage conditions of the food served to diners, the lack of hygiene, were shown through photos. Reference was also made to the lack of compliance with labor regulations with the staff of that restaurant.
The owners of the food establishment maintained “that Instagram has become a platform to instigate crimes against them and that, as a result, unknown perpetrators damaged the front of one of the commercial establishments with inscriptions that alluded to its owners. “.
The lawsuit filed before the Federal Court No. 2 of La Plata, in charge of Dr. Adolfo Gabino Ziulu, was rejected. In his ruling, the magistrate stated that “individuals, companies and/or institutions that provide a service to the community are subject to public scrutiny. The dissemination of these opinions, in recent years, has been enhanced by the massive development of social networks. The Internet, like no other means of communication before, has allowed people to communicate instantly and cheaply”.
It is also stated in the judicial pronouncement that these opinions, “often, are taken into consideration by consumers and/or users who value them according to their own criteria. Thus, it can be seen that critical and even disqualifying messages appear even with regard to service providers with a recognized track record and proven quality, without generally affecting the high credibility of these providers”.
Finally, it is argued that the emerging derivations of the opinions that may be expressed in the field of an Internet public opinion forum, regarding the quality and service provided by a certain business, however disproportionate and disqualifying they may seem, cannot be subject to a restriction. prior and generic by means of an autonomous precautionary measure, since at the same time that said area makes up a space for exchange between users- it becomes in turn a free reference regarding the information of said establishment by potential users, which these They will value according to their own convictions.
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