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General Resources - Colombia

Redpatodos (civil society joint), Legal Comments on “Ley Lleras” Bill Redpatodos, Legal Comments for the First Debate of “Ley Lleras” Bill
Proposed Law

Draft Law No. 241 of 2011 – Senate by which a statute is issued to regulate copyright and related rights infringement liability on the Internet

This bill was passed in 2011 before the Senate to implement the FTA between Colombia and USA. However, the bill was archived few months later, when it was evident that there was no political willingness to push it through. It featured liability exemptions for Internet Service Providers (art. 4), including mere conduit (art. 5), caching (art. 6), hosting (art. 7), information location tools (search tools, hyperlinks and directories; art. 8) exceptions, for infringements to copyright and related rights by third parties that take place through systems or networks controlled or operated by ISPs. Providers of such services will not be required to compensate damages and will not be consider liable as long as they meet the conditions according to the nature of the service provided. These conditions include expedited removal...
International Agreement

Law No. 1143 approving the FTA between United States and Colombia

The FTA agreement between Colombia and US was approved by Colombia and incorporated into the local legislation through Law 1143/2007. However, the implementation of the law (and therefore the implementation of the FTA) is still pending. The Draft Law 241/2011 (see below) was the first attempt of implementing the FTA and only covered liability exemptions for ISPs.
International Agreement

Free Trade Agreement (FTA) between Colombia and the United Sates, signed on November 22, 2006 (Chapter 16, Intellectual Property Rights, Art. 16.11, 29. Limitations on Liability for Service Providers)

This FTA has miscellaneous rules concerning IP Rights and ISP Liability, which resemble closely to the US DMCA provisions. However, the internal legislative proposals implementing the FTA and related intermediary liability provisions have been rejected by congress and regulation is still pending (see below). see also Free Trade Agreement USA - Colombia, ISP Side Letter (English version)
Legislation

Law No. 679 by which a statute is issued to prevent and counteract exploitation, pornography and child sex tourism, implementing Article 44 of the Constitution

Providers, servers, administrators and users of global information networks are prohibited to host on their own site: images, texts, documents or audiovisual files that direct or indirectly implicate sexual activities with minors; or pornographic material, especially images or videos, if there are indications that the persons photographed or filmed are minors; or there are links to websites that contain or distribute pornographic material relating to minors (art. 7). Providers, administrators, and users of global information networks are required to establish technical blocking measures to protect themselves or their children from unlawful, offensive or undesirable material's exposure (art. 8).
International Agreement

Andean Community Decision No. 351 of 1993

This is a Community legislation covering Colombia, Ecuador, Peru and Bolivia. This decision does not specifically establish provisions regarding intermediary liability on the internet. However, Article 54 may find application in this context, where it states that “No authority or person, whether natural person or legal entity, may authorize the use of a work, performance, phonographic production or broadcast, or endorse his support to such use, if the user does not have the express prior authorization of the owner of the rights or his representative. In the event of non-compliance, that entity or person shall be jointly liable."