“P., L. y otros"

Cámara Nacional de Apelaciones en lo Criminal y Correccional de la Capital Federal [National Court of Criminal Appeals, Buenos Aires capital District], Criminal
Document type
Court Decision
Confirmed the previous decision regarding a criminal lawsuit against 10 YouTube users accused of publishing a movie on the platform and infringing copyright law, in particular Article 71 of Law 11.723. The final decision concluded that contents that are uploaded on YouTube are not known in advance by the site administrators who, therefore, do not act as "guarantors" of the content and/or neccessarily partecipate in possible illegal actions. According to the ruling, YouTube is an intermediary enjoing a special contition due to its essential character of being a platform to share cultural information globally. The Court concluded that the inherent potential risks of this activity must be balanced with the benefits in terms of the dissemination of cultural content. It also noted that users uploading videos do not infringe Article 71 of Law 11.723 as there was no evidence that there is an economic benefit in favor of the uploader or third parties, generated by trick or deception, and the victims did not experience any direct damage.
Topic, claim, or defense
Freedom of Expression
Document type
Court Decision
Issuing entity
Highest Domestic/National (including State) Court
Type of service provider
Host (Including Social Networks)
Issues addressed
Trigger for OSP obligations
Type of law
General effect on immunity
Strengthens Immunity