USMCA Chapter 19 - Digital Trade (United States-Mexico-Canada Agreement)
Interactive computer services – USMCA Chapter 19 - Digital Trade (United States-Mexico-Canada Agreement)

USMCA Chapter 19 - Digital Trade (United States-Mexico-Canada Agreement) Art. 19.17: Do not treat interactive computer service providers or users as content providers for third-party content; protect good-faith moderation

What does Art. 19.17 require?

Article 19.17 and Annex 19-A: no Party may treat a supplier or user of an interactive computer service as the information content provider when determining liability for harms from information it stores, processes or transmits, unless it created or developed that information, nor impose liability for good-faith actions to restrict access to material it considers harmful or objectionable or for providing tools that let others do so; the article does not apply to intellectual property measures, criminal law enforcement or specific lawful orders, is subject to the public morals exception (including anti sex-trafficking laws such as FOSTA), and applied to Mexico only from 1 July 2023 (three years after entry into force). For organisations: platforms get intermediary liability protection in all three Parties through each Party's own law, outside IP and criminal matters.

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