Law Addressing ISPs' Liability: Preliminary Senate Approval

There is no specific legislation in Argentina addressing Internet Service Providers' (ISPs) liability in connection with third-party generated content.

So far, when considering cases involving ISPs' liability the courts have applied –under general Civil Law damages principles- either a strict liability or a standard of fault analysis.

On October 28, 2014, the Supreme Court issued a landmark decision in Rodríguez María Belen", which established that ISPs are liable if, on the basis of a fault-standard analysis, they are made aware of a possible infringement and fail to act diligently.

On November 2, 2016, the Senate preliminarily approved a bill which unified the proposals drafted to address ISPs' liability by Senators Liliana Fellner and Federico Pinedo.