Argentine Civil Code

Although Argentina does not have any specific legislation regarding Internet Service Providers’ (ISP) liability, Articles 1.109 and 1.113 of the Argentine Civil Code are used as references for court cases and decisions: (1) Article 1.109. Any person performing an act, which through his fault or negligence causes damage to another, is obliged to repair the damage. This obligation is governed by the same provisions to which the offenses of the civil law are subject. (2) Article 1.113: The obligation of anyone who causes damage extends to any damage caused by those who are under his/her control or by the things used or under his/her control. In cases of damages caused by things, to avoid liability the owner or custodian must evidence that he has not acted with fault or negligence. However, If the damage is caused by a risky thing or by a defect in the thing, to avoid liability the owner or custodian must evidence the fault or negligence of the victim. (Paragraph incorporated by Article 1, Law No. 17.711 B.O. 26/4/1968). If the thing is used against the explicit will or assumed will of the owner or guardian, he or she will not be responsible. (Paragraph introduced by art. 1, Law N° 17.711 B.O. 26/4/1968).