(1) The case focused on a take down request against a service provider that hosted a website dedicated to publishing consumers’ complaints. The claimant requested to disable publication of a complaint, which, according to claimant, was false. Although the website operator implemented a procedure, which allowed publication of complaints only after their approval, the court recognised the manager of the website to be a hosting service provider.
(2) The court decided that although the service provider refused to comply with the take down request, a claim in court for removal of unlawful information may be directed against the service provider even if service provider has no liability for the information published. It is for the court to make a final determination if the information is unlawful and order the claimant to remove it.
Topic, claim, or defense
Defamation or Personality Rights
Highest Domestic/National (including State) Court
Type of service provider
Host (Including Social Networks)
Trigger for OSP obligations
OSP obligation considered
Block or Remove
Type of law
General effect on immunity
General intermediary liability model
Takedown/Act Upon Court Order