Fuentes vs Entel II

Court of Appeals of Concepción
Document type
Court Decision
Country
Plaintiff sought monetary relief from both the internet service provider (Entel) as well as the parent of the person that posted a defamatory content (see below Entel I). The Court recognized the lack of rules for internet content. General damages rules are to be applied. However, the action was rejected. The service provider is not liable under general rules as it could not control the uploaded content. Additionally, the natural person was held not liable as the alleged infringer was already of age.
Country
Year
2007
Topic, claim, or defense
Defamation or Personality Rights
Document type
Court Decision
Issuing entity
Lowest Domestic Court
Type of service provider
Internet Access Provider (Including Mobile)
OSP obligation considered
Block or Remove
Type of law
Civil
General effect on immunity
Strengthens Immunity