Draft Law No. 241 of 2011 – Senate by which a statute is issued to regulate copyright and related rights infringement liability on the Internet

Document type
Proposed Law
This bill was passed in 2011 before the Senate to implement the FTA between Colombia and USA. However, the bill was archived few months later, when it was evident that there was no political willingness to push it through. It featured liability exemptions for Internet Service Providers (art. 4), including mere conduit (art. 5), caching (art. 6), hosting (art. 7), information location tools (search tools, hyperlinks and directories; art. 8) exceptions, for infringements to copyright and related rights by third parties that take place through systems or networks controlled or operated by ISPs. Providers of such services will not be required to compensate damages and will not be consider liable as long as they meet the conditions according to the nature of the service provided. These conditions include expedited removal or access disablement as a consequence of a claimed or apparent infringement and the notification to the alleged infringer of the removal or access disablement (art. 9). ISPs are not required to supervise the information they transmit, store or refer, nor they have the obligation of actively seeking facts or circumstances indicating illegal activity (art. 3). As a preliminary remedy, right holders can request an ISP to terminate accounts of repeated infringers (art. 13).
Topic, claim, or defense
Other IP
Document type
Proposed Law
Issuing entity
Legislative Branch
Type of service provider
General or Non-Specified
Host (Including Social Networks)
Web Host (Technical Hosting)
Search Engine or Index
Internet Access Provider (Including Mobile)
Cache Provider
Issues addressed
Notice Formalities
Trigger for OSP obligations
OSP obligation considered
Block or Remove
Monitor or Filter
Account Termination
Type of law
General effect on immunity
General intermediary liability model
Takedown/Act Upon Knowledge (Includes Notice and Takedown)