Division B of the Federal Court of Appeals of the Province of Cordoba overturned a decision issued by the court of first instance after it had already issued a decision on the merits. The decision which was revoked had suspended a fine imposed on Facebook Argentina SRL (Federal Court of Appeals of Cordoba, Division B, "N., E. F. c/Facebook Argentina SRL", Docket No. 17319/2013, August 8, 2016).
The claimant found a fake profile which used its name on Facebook and reported the incident through the social website's own report feature. Facebook replied that the profile did not infringe any of its rules. The claimant then sent Facebook a letter, to which there was no answer. Consequently, the claimant initiated a court action against Facebook Argentina SRL before the Federal Court of Rio Cuarto, in order for: (i) the fake profile to be taken down; and (ii) the "friends" of the fake profile to be made aware of the takedown and the grounds for such takedown.
On August 30, 2013, Facebook took down the fake profile on of its own initiative, rendering the first request moot.
In the circumstances, the court of first instance decided in favor of the claimant on its second claim and ordered Facebook Argentina SRL to notify all of the profile's "friends" within 48 hours for the reasons behind the takedown.
Facebook Argentina SRL failed to comply with the court decision and the court imposed a daily fine for non-compliance. Facebook challenged this fine on the grounds that it did not have the power or capacity to comply with the court's request. This was interpreted by the lower court as an argument on its ability to participate as defendant in the case.
On appeal, the Federal Court of Appeals held that the procedural stage of the case did not allow for any new arguments as a decision on the merits had been already rendered. For that reason, it overturned the decision which suspended the fine imposed on Facebook Argentina SRL and left standing the order for Facebook to notify all the fake profile's friends.
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