Legislative Proposal, 5771-D-2016

Intermediary Services on the Internet. Providers’ Responsibility Guidelines
Document type
Proposed Law

Defines “intermediaries” as the ones that carry out or facilitate transactions between third parties on the Internet, whether they offer access to, hosting, transmission, or index content, products or services created by third parties.

As a general principle, the text proposes that ISPs should not be liable for the information transmitted unless they modified it, and should not have the responsibility of supervising the content. The proposal determines that ISPs should be liable if they are notified and do not erase, deindex, block or remove “flagrantly illegal content” within five days. Cases of “flagrantly illegal content” are listed: child pornography; content that incites the commission of a crime; content that may put lives or physical integrity in danger; apology for genocide, racism, or discrimination; or incitement to violence. ISPs should be liable if they are notified of the court order and do not comply with it.

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