Argentine Civil and Commercial Code,

Into force on August 1, 2015 - articles 53, 1721 and 1724
Document type

The new Argentine Civil and Commercial Code does not have any specific legislation regarding Internet Service Providers(ISP) liability. Article 1.109 of the revoked Argentine Civil Code is still used as a reference for the negligence standard of liability based on actual knowledge under Rodriguez. The said article does not have an exact substitute. However, the negligence standard can be found in Article 1721 and Article 1724. Moreover, Article 53 has been applied in decisions dealing with search enginesliability with respect to thumbnail linking.

Article 53. Right of publicity. In order to record or reproduce a persons image or voice, in any way, such persons consent is necessary, except in the following cases:

a) where the person participates in public acts;

b) where there is a higher scientific, cultural or educational interests, and sufficient precautionary measures are taken to avoid unnecessary harm;

c) where it is the regular exercise of the right to inform events of public interest.

In the case of decedents consent can be given by the decedents heirs, or the designee by the testator in a will. In the event of disagreement between heirs of the same degree, the judge decides. After the expiration of twenty years after the death, non-offensive reproduction is free.

Article 1721. Attribution factors. The attribution of a damage to the responsible actor can be based on subjective or objective factors. Absent an express norm, the attribution factor is subjective.

Article 1724. Subjective factors. Negligence and malice are subjective attribution factors. Negligence is failure to exercise due care in accordance with the nature of the obligation and under the circumstances of the people, time and place. Negligence includes recklessness, carelessness and lack of skills in the art or profession. Malice is producing a harm intentionally or with a manifest disregard for the interests of others.

Topic, claim, or defense
General or Non-Specified
Document type
Issuing entity
Legislative Branch
Type of service provider
General or Non-Specified
Issues addressed
Trigger for OSP obligations
OSP obligation considered
Block or Remove
Monitor or Filter
Type of liability
Negligence Liability
Tort/Extracontractual Liability
Type of law
General effect on immunity
General intermediary liability model
Takedown/Act Upon Knowledge (Includes Notice and Takedown)
Takedown/Act Upon Court Order
Takedown/Act Upon Administrative Request