Document type
Court Decision
Country
This is a decision on the notice and takedown system under Article 44-2 of ICNA (see above). The Constitutional Court found that the provisions do not infringe upon the freedom of expression under Article 21 of the Constitution because, although the provision, by requiring the service provider to take some actions on all takedown requests, has the danger of abating lawful information, the public interest in taking down unlawful information prevails.
Country
Year
2012
Topic, claim, or defense
General or Non-Specified
Freedom of Expression
Document type
Court Decision
Issuing entity
Highest Domestic/National (including State) Court
Type of service provider
General or Non-Specified
OSP obligation considered
Block or Remove
Type of law
Civil
General effect on immunity
Mixed/Neutral/Unclear
General intermediary liability model
Takedown/Act Upon Knowledge (Includes Notice and Takedown)