This decision does not specifically establish provisions regarding intermediary liability on the Internet. However, Article 54 may find application in this context, where it states that “No authority or person, whether natural person or legal entity, may authorize the use of a work, performance, phonographic production or broadcast, or endorse his support to such use, if the user does not have the express prior authorization of the owner of the rights or his representative. In the event of non-compliance, that entity or person shall be jointly liable.” This is a Community legislation covering Colombia, Ecuador, Peru and Bolivia.
establishing that: (1) anyone who through his fault or negligence causes damage to another is obliged to repair the damage (article 1969); (2) that liability may also extend to anyone who incited or helped to commit the damage, whose level of responsibility will be determined by a judge (article 1977); (3) if several persons are determined to be liable for a damage they will respond in solidarity (article 1983).
(1) On Intermediaries The law defines an intermediary as “a person who in behalf of another person and with respect to a particular electronic document sends, receives, and/or stores, provides other services in respect of that electronic data message or electronic document”. Sec. 5(h) However, except where it excludes this person from the concepts of “addressee” see: Section 5(a) and “originator” see: Section 5(i), the law makes no mention the term anywhere else in its text. (2) On Service Providers (ii) A service provider, on the other hand, is defined by the law in the following manner: “’Service Provider’ refers to a provider of: i. online services or network access or the operator of facilities therefor including entities offering the transmission, routing, or providing of connections for online communications...
(1) On Internet Content Hosts (i) Under the law, an internet content host is defined as any person who hosts or who proposes to host internet content in the Philippines Section 3(f). Each one is bound to observe and perform certain specific duties, thus: “Duties of an Internet Content Host. – An internet content host shall: (a) Not host any form of child pornography on its internet address; (b) Within seven (7) days, report the presence of any form of child pornography, as well as the particulars of the person maintaining, hosting, distributing or in any manner contributing to such internet address, to the proper authorities; and (c) Preserve such evidence for purposes of investigation and prosecution by relevant authorities. An internet content host shall, upon the request of proper authorities, furnish the...
(1) On Service Providers (i) The law defines service provider as “any public or private entity that provides to users of its service the ability to communicate by means of a computer system” and “any other entity that processes or stores computer data on behalf of such communication service or users of such service” Section 3(n). Other relevant terms defined by the law include “computer data”, “subscriber’s information”, and “traffic data" Section 3(e), (o) and (p). (ii) For law enforcement purposes, service providers are required to preserve computer data within a specified period. The mandatory retention period (6 months) may be extended pursuant to an order by a law enforcement authority (one-time extension for another 6 months) (Section 13). (iii) Law enforcement authorities may thereafter compel the service...