Fuentes vs Entel I

Court of Appeals of Concepción
Document type
Court Decision
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”.
Topic, claim, or defense
Defamation or Personality Rights
Freedom of Expression
Document type
Court Decision
Issuing entity
Lowest Domestic Court
Type of service provider
Host (Including Social Networks)
Issues addressed
Trigger for OSP obligations
OSP obligation considered
Block or Remove
Monitor or Filter
Type of law
General intermediary liability model
Takedown/Act Upon Knowledge (Includes Notice and Takedown)