Is Torrenting Legal in Argentina After the 2026 Policy Reforms?

No, torrenting copyrighted content in Argentina violates Law 11.723 (Copyright Act) and risks fines up to ARS 500,000 under ENACOM’s 2024 enforcement guidelines. Non-commercial sharing may face reduced penalties, but ISPs must comply with court orders to block infringing sites per 2026 amendments.

Key Regulations for Torrenting in Argentina

  • Copyright Act (Law 11.723): Criminalizes unauthorized distribution of copyrighted material, including via P2P networks, with penalties escalating for commercial-scale infringement.
  • ENACOM Enforcement: The National Communications Entity mandates ISPs to block torrent sites flagged by courts, as per Decree 139/2024, effective January 2026.
  • Data Retention Law (Law 27.483): Requires ISPs to retain user activity logs for 12 months, enabling legal pursuit of infringers under judicial warrants.

Torrenting public domain or Creative Commons-licensed content remains permissible. However, streaming platforms like Cuevana and Torrentz2 have faced repeated legal challenges, with 15+ injunctions issued in 2023–2024. VPNs do not confer legal immunity; courts have upheld liability for users sharing infringing files, even if masked by anonymization tools.