Internet Service Provider Liability Bill Falls Through
Argentina has no specific legislation on Internet Service Providers’ (ISPs) liability for content generated by third parties.
In this context, to decide on cases involving this matter, courts have relied on general civil law principles, and in particular in the guidelines established by the Argentine Supreme Court in 2014 in the “María Belén Rodríguez” case (more information here).
On November 2, 2016, the Senate preliminarily approved a bill which unified the proposals drafted to address ISP liability by Senators Liliana Fellner and Federico Pinedo.
Among other things, the bill stated that ISPs do not have a general obligation to monitor content generated by third parties, and that they will not be held liable for any content uploaded or generated by any third party, unless the courts order them to remove or block certain content and they fail to do so in the given term (more information here).
Although in November 2018 the bill was discussed. However, no agreement was reached and the bill will not be moving forward. Consequently, the bill will lose its active parliamentary status in February 2019.
This insight is a brief comment on legal news in Argentina; it does not purport to be an exhaustive analysis or to provide legal advice.