Intellectual Property

The Legislature of the City of Buenos Aires reformed the Contraventional Code to incorporate the digital impersonation of identity among other faults and contraventions.

On January 4th 2019, the Legislature of the City of Buenos Aires enacted law No. 6.128 amending  the Contraventional Code, by means of which, among other things, Chapter V on infraction to the digital identity of the Internet is incorporated.

Chapter V incorporates article 71 fifth, which impose sanction to any digital identity misappropriation. It provides fines from one hundred sixty to four hundred fixed units, one to five days of public utility work, or one to five days of arrest, to anyone who uses the image and / or a persons personal data or creates a false identity with the image and / or a persons filiatory data through the use of any type of electronic communication, data transmission, web pages and / or any other means, and has been made without the consent of the victim, provided that the facts involved do not constitute a crime.
At the same time, the same article provides for the aggravating factors of the behavior described. All penalties will be doubled if  (i) the behavior was performed for the purpose of making a data bank with the information obtained; (ii) the victim was under 18 years of age, over 70 years old or has a disability; (iii) the contravention was committed by the spouse, ex-spouse, or the person with whom he or she maintains or has maintained a relationship of couple, mediate or not cohabitation and (iv) the contravention is committed in order to make sexual services offer through any means of communication.
Moreover, Chapter V sanctions are included for unauthorized dissemination of images or intimate recordings (aka revenge porn), digital harassment and the aggravating facts of both described behaviors.

For further information on this topic please contact Pablo A. Palazzi