This is the main legislation concerning intermediary liability in Paraguay. The legislation defines the different types of intermediaries, the procedures they should respect to remove unlawful content from the internet, and define the liability of Access Providers (article 11), hosting services (article 12), linking services (article 13) and caching (article 14). The law protects service providers who meet certain conditions (not having knowledge of the unlawful material, acting expeditiously to remove illegal content upon knowledge) from monetary damages for the infringing activities of their users and other third parties on the net.
Article 9, ‘c’, defines that providers are obliged to suspend access to content upon the request of competent authorities, if a content violates the moral and public order, public health and the environment, national security, consumers’ rights, data protection rights, and bank secrecy. Article 16 demand intermediaries to establish a mechanism allowing requests to takedown material that infringes the intellectual property of third parties.
The legislation establishes in article 10 the obligation to retain users’ data allowing the identification of the location of a terminal for a period of 6 months. The data retention obligation affects both Access Providers and Online Service Providers.
Finally, the law also establishes obligations related to consumer protection, spam, and other e-commerce aspects.
The legislation is regulated by Decree 1165 of 2014.