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Although Argentina does not have any specific legislation regarding Internet Service Providers’ (ISP) liability, Articles 1.109 and 1.113 of the Argentine Civil Code are used as references for court cases and decisions: (1) Article 1.109. Any person performing an act, which through his fault or negligence causes damage to another, is obliged to repair the damage. This obligation is governed by the same provisions to which the offenses of the civil law are subject. (2) Article 1.113: The obligation of anyone who causes damage extends to any damage caused by those who are under his/her control or by the things used or under his/her control. In cases of damages caused by things, to avoid liability the owner or custodian must evidence that he has not acted with fault or negligence. However, If the damage is caused by a...

A number of the judicial decisions regarding intermediary responsibility are based on Intellectual Property Law 11.723. The following articles have been repetedly applied in decisions dealing with intermediary liability: (1) Article 9: No one has the right to publish, without permission from the authors or copyright owners, a scientific, literary, artistic or musical production that has been noted or copied during the private or public reading, execution, or exposition. (2) Article 13: All of the provisions of this law, except those of Article 57, are equally applicable to scientific, artistic and literary works, published in foreign countries, regardless of the author’s nationality, as long as these authors belong to nations that recognize the right to intellectual poperty. (3) Article 71: Whoever defrauds the...