Countries across the Americas take a variety of different approaches on the limitation of liability for online intermediaries.

In Canada, Chile and the USA, online intermediaries (including internet service providers, search engines and online marketplaces) are not held responsible for third-party content stored or transmitted using their services. Limitations to their liabilities apply for copyright or trademark infringements, or for defamation. However, all intermediaries are obliged to take down illegal content once notified by competent authorities.

In other countries, the limitation of liability is less clear. In Argentina and Colombia, courts decide on a case by case basis, although in practice online intermediaries have been found not to be liable in specific cases. A new law in Argentina mandates intermediaries to remove content that implies digital violence towards women.

In Brazil, the Internet Law established a general principle of limited liability, while specific laws apply for copyright or trademark infringements. In Brazil, there are also specific requirements to block access to IP addresses used by illegal TV boxes to provide access to copyright-infringing content and to unauthorised online gambling websites.

In Mexico, the Copyright Law was amended in 2020 to exempt internet service providers and online platforms from copyright infringement liability, implementing the provisions of the new North American trade agreement’s chapter on intellectual property matters.

Peru has no law or regulation explicitly addressing the issue.

Cullen International’s new benchmark surveys the limitation of liabilities applied in cases of copyright or trademark infringements and defamation, including the obligation to disclose and take down such illegal content.

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