Dimension;Immunity or broad limitation of liability;Liability based on actual knowledge;Strict or joint liability
What it establishes;…no provider of an interactive service could be treated as the publisher or speaker of information provided by another content provider.;This model limits the intermediary's liability for third-party content as long as it has no actual knowledge of its unlawfulness.;"Under this scheme, liability does not depend on proving fault or intent on the part of the party concerned…"
Where it applies;"US: Communications Decency Act, Section 230";"European Union: E-Commerce Directive (2000/31/EC) · European Union: Digital Services Act (EU Regulation 2022/2065) · Chile: Law No. 20,435 · Paraguay: E-Commerce Law No. 4,868 · Argentina: Rodríguez, María Belén v. Google Inc. (Supreme Court)";European Union: Directive (EU) 2024/2853 on liability for defective products
Situation in Argentina;Not covered in the report;"Rodríguez, María Belén v. Google Inc. (Supreme Court) (Ruling) · Passed by the Senate (Did not prosper) · Bill 2818-D-2025 (Pending)";Bill 7089-D-2025 (Pending)
When the platform is liable;"Subsequent case law extended that immunity to cover virtually any claim arising from third-party content, with narrow exceptions for federal criminal law, intellectual property and/or sex trafficking.";"Liability may arise when, having acquired that knowledge under the conditions set by the applicable regime, the intermediary fails to act diligently.";"However, there are sector-specific regimes (especially in consumer protection, safety and product liability) that may reach certain operators when, because of the functions they actually perform, they are considered suppliers."
Monitoring obligation;Not covered in the report;"The scheme seeks to encourage a response to specific identified content without imposing a general obligation of prior supervision over all the activities carried out by users. … In turn, Article 8 provides that no general obligation may be imposed on providers to monitor the information they transmit or store, or to actively seek facts indicating illegal activity.";Not covered in the report
Effects noted in the report;"Kosseff (2019) describes it as the 26 words that ""created the internet"", because they dismantled the Stratton Oakmont double standard and gave legal certainty both to non-intervention and to active good-faith moderation.";"Due diligence, by contrast, distributes control obligations according to the role each actor plays in each type of transaction, which keeps open platforms from reacting by shutting out sellers with a shorter track record, who are usually the ones that depend on the digital channel to join the formal market.";"In the case of e-commerce, general joint liability encourages reducing the number of sellers admitted and raising barriers to entry, since each new seller adds legal risk for the platform."

"Source: Insight LAC, “Smuggling: The Role of the State and E-commerce Platforms”"
https://estudios.insightlac.com/ecommerce/en/#modelos-de-responsabilidad