Article 85U of Law No. 17.336 on Intellectual Property (as amended in 2010) provides for a “notice-and-notice” scheme.  If an Internet service provider receives from the right holder notice in electronic or other written form of an alleged infringement, setting out various details of the allegation, the ISP must communicate in writing with its user, setting out the alleged facts.

The right holder must be resident in Chile or have a representative capable of being served with legal process in Chile and must also provide information which “permit the provider of services to identify the user providing the allegedly infringing material”.  Presumably an IP address and a data-stamped screenshot would satisfy this requirement.

There is no sanction on the user for ignoring the notice. However, Articles 85Q to 85T provide a code whereby under judicial order disclosure by the ISP of account information may be required and a site may be blocked or a subscriber account terminated.  Presumably the fact of prior notification under Article 85U would be relevant to the exercise of judicial discretion on such an application.