Whether and when communications platforms like Google, Twitter and Facebook are liable for their users’ online activities is one of the key factors that affects innovation and free speech. Most creative expression today takes place over communications networks owned by private companies. Governments around the world increasingly press intermediaries to block their users’ undesirable online content in order to suppress dissent, hate speech, privacy violations and the like. One form of pressure is to make communications intermediaries legally responsible for what their users do and say. Liability regimes that put platform companies at legal risk for users’ online activity are a form of censorship-by-proxy, and thereby imperil both free expression and innovation, even as governments seek to resolve very real policy problems.
In the United States, the core doctrines of section 230 of the Communications Decency Act and section 512 of the Digital Millennium Copyright Act have allowed these online intermediary platforms user generated content to flourish. But, immunities and safe harbors for intermediaries are under threat in the U.S. and globally as governments seek to deputize intermediaries to assist in law enforcement.
To contribute to this important policy debate, CIS studies international approaches to intermediary obligations concerning users’ copyright infringement, defamation, hate speech or other vicarious liabilities, immunities, or safe harbors; publishes a repository of information on international liability regimes and works with global platforms and free expression groups to advocate for policies that will protect innovation, freedom of expression, privacy and other user rights.
Today, the Argentine National Communications Commission (NCC) ordered Internet Service Providers to block access to The Pirate Bay websites in the country within five days. The blocking order complied with an injunction issued by the District Court No. 64 in Buenos Aires in a case initiated by the Argentine Chamber of Phonographic Producers. Read more about The Argentine National Communications Commission Orders to Block The Pirate Bay
Recently, the Supreme Court of Argentina heard arguments in Rodríguez, María Belén c/ Google Inc. y Otro s/ Daños y Perjuicios. The case requires the Supreme Court to decide for the first time whether Internet intermediaries - in this case, search engines Google and Yahoo - are liable for linking to content that violates fundamental rights or infringes copyright. It will also decide whether Google Image Search’s “thumbnails” infringe copyright law.