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Legislative Developments 2017

February 25, 2018

Legislative Proposals 1865-S-2015 and 942-S-2016 were discussed together as a joint Proposal, which was approved by the Senate in 2016. This project states that ISPs should not be liable for content created by third parties, unless they are duly notified by a judicial order of the removal or blocking and do not comply with it. ISPs are not responsible for monitoring content created by third parties to detect offenses or to prevent them. Moreover, the joint proposal allows ISPs to agree with its users self-regulation systems that could include the following: alternative mechanisms for notification, removal, blocking, interruption and/or disqualification of access to content that constitute a violation of terms and conditions; and the interruption or cancellation of the services owing to a violation to the terms and conditions. After the approval, the Legislative Proposal 5771-D-2016 was submitted to the House of Representatives.

The joint proposal was supposed to be discussed in 2017 in the House of Representatives, but it was not finally included in the agenda for the legislative year. By the end of 2017 an intense discussion was held among different sectors regarding this proposal. On the one hand, intellectual property groups were against this project since it allegedly damaged intellectual property rights on the Internet. On the other hand, some groups found article 7 of the project (on self-regulation) problematic for the right to freedom of expression. This project may be discussed in 2018.