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Asociación por los Derechos Civiles (ADC), ‘Challenges Facing Freedom of Expression: Intermediary Liability in Argentine Case Law’ Freedom House, ‘Freedom on the net 2011 A global assessment of Internet and Digital Media. Argentina' Freedom House, ‘Freedom on the net 2012: A global assessment of Internet and Digital Media. Argentina' Argentina Supreme Court Protects Online Reposting Intermediary Liability Doctrine: Same Wine in New Bottle?

In the Bluvol case, the plaintiff came to know of a blog on Blogspot, which he had not created, but was posted under his name. This blog was easily accessible by searching the plainftiff's name on Google. Bluvol argued that the information found on this blog was false and affected his personal and professional life. The court of first instance ruled in Bluvol's favour, requiring the search engines to compensate Bluvol. The judge based his decision on the fact that Google's liability was objective. The Appelate Court sustained that the attributing factor was not objective, since the objective liability of search engines would always lead them to be liable, regardless of their conduct. Moreover, it emphasized that search engines do not create the content. They provide users with tools to access and find it. The Appelate...

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...

This is one of series of country reports prepared for the Council of Europe in 2015. Other countries' reports, and responses from national governments, are available here. The studies undertake to present the laws and, in so far as information is easily available, the practices concerning the filtering, blocking and takedown of illegal content on the internet.

In early 2021, the Australian Government passed legislation to enact a news media bargaining code, with the purpose of “address[ing] bargaining power imbalances between Australian news media businesses and digital platforms, specifically Google and Facebook.” The Treasury Laws Amendment (News Media and Digital Platforms Mandatory Bargaining Code) Act 2021 was passed in February 2021 and came into force on 3 March 2021. It amends the Competition and Consumer Act 2010 to place certain requirements on ‘designated digital platform services’ that make available news content of ‘registered news businesses’. Under the Act, ‘make available’ has a broad meaning. It is defined in s 52B to include reproducing content on the service, providing an extract of the content, or linking to content. Under s 52R, the digital platform...