Court ruled a writ of amparo (“acción de tutela”) regarding the request of a citizen of eliminating an old newspaper article that connected him to a criminal organization and a former criminal process. The article was displayed on Google search engine and a newspaper website. The plaintiff claimed the violation of his fundamental rights of privacy, good name and honor. According to the Court, Google search engine had not published the information and, for that reason, it was not required to modify, correct, delete or supplement the information retrieved in a specific search.
This bill was passed in 2011 before the Senate to implement the FTA between Colombia and USA. However, the bill was archived few months later, when it was evident that there was no political willingness to push it through. It featured liability exemptions for Internet Service Providers (art. 4), including mere conduit (art. 5), caching (art. 6), hosting (art. 7), information location tools (search tools, hyperlinks and directories; art. 8) exceptions, for infringements to copyright and related rights by third parties that take place through systems or networks controlled or operated by ISPs. Providers of such services will not be required to compensate damages and will not be consider liable as long as they meet the conditions according to the nature of the service provided. These conditions include expedited removal...
The FTA agreement between Colombia and US was approved by Colombia and incorporated into the local legislation through Law 1143/2007. However, the implementation of the law (and therefore the implementation of the FTA) is still pending. The Draft Law 241/2011 (see below) was the first attempt of implementing the FTA and only covered liability exemptions for ISPs.
This FTA has miscellaneous rules concerning IP Rights and ISP Liability, which resemble closely to the US DMCA provisions. However, the internal legislative proposals implementing the FTA and related intermediary liability provisions have been rejected by congress and regulation is still pending (see below). see also Free Trade Agreement USA - Colombia, ISP Side Letter (English version)
Providers, servers, administrators and users of global information networks are prohibited to host on their own site: images, texts, documents or audiovisual files that direct or indirectly implicate sexual activities with minors; or pornographic material, especially images or videos, if there are indications that the persons photographed or filmed are minors; or there are links to websites that contain or distribute pornographic material relating to minors (art. 7). Providers, administrators, and users of global information networks are required to establish technical blocking measures to protect themselves or their children from unlawful, offensive or undesirable material's exposure (art. 8).