Legislative Proposal, 942-S-2016

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

This legislation would codify responsibility of intermediaries for content posted by users.

It defines ISPs; access, interconnection, transmission and data addressing providers; automatic storage or cache services providers; hosting providers; link, search and content or information directories services providers; and content.

The proposal states that providers should not be liable for the transmitted information, unless they originally transmitted it or modified it, or have effective knowledge of the illegality of the content. The proposal also determines that it cannot limit the capacity of ISPs to contract with its users on their own terms and conditions (“self-regulation”) including provisions for alternative mechanisms for notification, removal, interruption, blocking, or management of offending content. However, such terms and conditions can never offer a lower level of protection than this legislative proposal or the Consumer Protection Law. Moreover, ISPs could stipulate the interruption or cancellation of the services offered upon infringement of the terms and conditions.

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