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ARTICLE · 20 NOVEMBER 2018

Demystified: USMCA's Digital Trade Provisions On ISP Liability In Canada

Blake, Cassels & Graydon LLP
Blake, Cassels & Graydon LLP
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Blake, Cassels & Graydon LLP

Blake, Cassels & Graydon LLP

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The United States–Mexico–Canada Agreement's (USMCA) digital trade provisions have attracted significant attention over their perceived impact on the Canadian legal and business landscape,

CanadaMedia, Telecoms, IT, Entertainment
Blake, Cassels & Graydon LLP
Blake, Cassels & Graydon LLP
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The United States–Mexico–Canada Agreement's (USMCA) digital trade provisions have attracted significant attention over their perceived impact on the Canadian legal and business landscape, especially around the implication that Canadian web platforms may not be liable for the content posted by third parties. However, the importation of these concepts from the United States may not have as significant an effect as first imagined.

USMCA PROVISIONS

Article 19.17.2 of the USMCA closely mirrors section 230(c)(1) of the U.S. Communications Decency Act (CDA), which prohibits parties from treating internet platforms "as the publisher or speaker of any information provided" by their users.

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