Supreme Court Defines Website-Blocking Jurisdiction

The Argentine Supreme Court of Justice issued a decision on November 11, 2025 regarding a jurisdictional conflict between the National Court on Civil Matters 49 and the National Federal Court on Civil and Commercial Matters 11, in the context of an injunction filed by the Argentine Chamber of Phonogram and Videogram Producers (CAPIF) and others. In their claim, the plaintiffs requested the court to block the access from Argentina to a website that offered unauthorized downloads of music, alleging a violation of Copyright Law 11723.

In its analysis, the Supreme Court quoted opinions it had issued on jurisdiction in matters involving content hosted on interjurisdictional networks, particularly considering article 36(b) of the Personal Data Protection Law 25326, which assigns federal jurisdiction in cases related to the processing and potential removal of data in digital environments. The Court also recalled the criteria applicable to disputes involving copyright.

After considering the nature of the claim —which involves a global, interconnected digital medium with extraterritorial reach— the Court concluded that it was the Federal Civil and Commercial Justice that had to intervene.

Accordingly, the Court declared the National Federal Court on Civil and Commercial Matters 11 competent and ordered remitting the case to the trial court.