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ARTICLE · 24 JANUARY 2019

Intermediary Liability For Internet Services Under NAFTA 2.0

As organizations around the globe grapple with disinformation and fake news, the digital trade provisions in NAFTA's successor may help assuage fears that internet content providers could be held responsible for such content

CanadaMedia, Telecoms, IT, Entertainment

USMCA provision

As organizations around the globe grapple with disinformation and fake news, the digital trade provisions in NAFTA's successor may help assuage fears that internet content providers could be held responsible for such content. The US-Mexico-Canada Agreement (USMCA) contains important provisions dealing with the issues of free speech and digital trade.Article 19.17 of the USMCA relates to Interactive Computer Services (ICS) and provides:

[N]o Party shall adopt or maintain measures that treat a supplier or user of an interactive computer service as an information content provider in determining liability for harms related to information stored, processed, transmitted, distributed, or made available by the service, except to the extent the supplier or user has, in whole or in part, created, or developed the information.

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