Legislative Proposal, 1865-S-2015

Intermediary Services on the Internet. Providers’ Responsibility Guidelines
Document type
Proposed Law
Country
Maia
Levy Daniel

As a general rule, it proposes that “connection and content search services providers” should not be responsible for monitoring or controlling content hosted in a third-party site. Such providers are not liable for any damages originated by that content, unless they are duly notified and refuse to remove it.

Moreover, “connection and content search services providers" should remove any links to specific content hosted by third parties when it is “flagrant illegal content”: content that facilitate or incite the commission of a crime; child pornography; content that may put lives or physical integrity in danger; or incitement to genocide, racism, or discrimination or violence incitement; content that damage an individual’s honor, intimacy or image; or content that may compromise a judicial investigation in process.

The “seemingly illegal content” can be removed by providers if the victim makes the claim and there is a court order. The “seemingly illegal content” is defined as content that damages an individual's honor, intimacy, or image, or any other right, but needs to be clarified to be solved.

Country
Year
2015
Topic, claim, or defense
General or Non-Specified
Document type
Proposed Law
Issuing entity
Legislative Branch
Type of service provider
Search Engine or Index
Internet Access Provider (Including Mobile)
Issues addressed
Trigger for OSP obligations
OSP obligation considered
Block or Remove
Type of liability
Negligence Liability
Type of law
Civil
General effect on immunity
Strengthens Immunity
General intermediary liability model
Takedown/Act Upon Knowledge (Includes Notice and Takedown)
Takedown/Act Upon Court Order