Fuentes vs Entel I

Stating that liability for defamatory content - a false offering of sexual services by the minor daughter of plaintiff - may be exclusively casted upon the provider of the content, not the manager of the website or the provider of connection. This decision recognizes the lack of rules for internet content, but it also recognizes that only ex post control over content is possible or to be expected. Upon noticing “evidently” offensive content, providers should take measures to prevent further harm, but they are not liable for damages before that moment. The decision establishes, but does not explain, the principle of “freedom of the information that circulates on the internet”.