ARGENTINA: Parliament Sees New Bill on Liability of Internet Intermediaries

A bill addressing the liability of Internet intermediaries in relation to digital content has been introduced in Argentina’s Chamber of Deputies.

For several years, in the absence of a comprehensive regulatory framework, jurisprudence developed by the Argentine Supreme Court has been the basis for the primary legal guidance on this matter. Within this context, legal scholars, legislators, and practitioners have debated the need to establish clear and consistent parameters to define the responsibilities of Internet service providers (ISPs), digital users, and user-generated content (UGC). A particular focus of this legislative initiative is the treatment and accountability surrounding unlawful content that third parties disseminate.

The bill, which was introduced on May 30, 2025, draws on international precedents—including from Brazil, Chile, the European Union, and the United States—as well as domestic jurisprudence, most notably the landmark case of Rodríguez, María Belén v. Google – In re: damages, which catalyzed a series of similar rulings and helped shape a Supreme Court doctrine for intermediary liability in Argentina.

The proposed legislation introduces a regime of subjective liability, reaffirming the prevailing judicial doctrine: intermediaries are, in principle, only liable if they act negligently after becoming aware of the unlawful nature of the content in question.

At its core, the bill seeks to strike a thoughtful balance between fostering technological innovation and safeguarding freedom of expression, while also ensuring the protection of fundamental rights in the digital environment. Its primary objective is to uphold personal rights—such as privacy, honor, image, and identity—without unduly restricting the free flow of information and expression online.

The following are some key provisions of the bill:

• No general monitoring obligation: ISPs are not required to proactively supervise the content they transmit or host.
• Conditional exemption from liability: Internet intermediaries are exempt from liability for damages arising from third-party content, provided they have not altered or intervened in such content. The bill also delineates specific circumstances under which this exemption does not apply and liability may be triggered.
• Clear definitions: The bill provides precise definitions for key concepts such as Internet intermediaries, actual knowledge (both general and specific), and manifestly unlawful content. Specific obligations for ISPs include duties related to search, indexing, and hosting activities, such as publishing content moderation policies, enabling accessible reporting mechanisms for all users, and clearly notifying affected users of the reasons behind any moderation measures taken.

The bill also contemplates the judicial authorization of a protective action (known in Argentina as acción de amparo) as a legal path for requesting the removal of unlawful content. It also references Argentina’s Personal Data Protection Law (Law No. 25,326) as an appropriate mechanism for the protection of individual rights in this context.

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