(1) Applicants sought the court to declare information disseminated on a website as false, offending honour and dignity and business reputation and to adjudge non-pecuniary damages.
(2) The court ruled that according to the Law on Information Society Services the intermediary has no obligation to monitor the information which he transmits or stores or to actively seek facts or circumstances indicating illegal activities, but after receiving information about the illegal activities or storing illegally acquired, created, modified, or used information, intermediaries are obliged to take active actions under the law. Since the defendant received the applicant’s notification about unlawful data being hosted at the service provider’s website, but acted passively and did not take any action to evaluate the report and thus contributed to the dissemination of the data, limitation of liability foreseen by the Law on Information Society Services does not apply. Therefore, the service provider is liable in accordance with general rules on civil liability.
Topic, claim, or defense
Defamation or Personality Rights
Highest Domestic/National (including State) Court
Type of service provider
General or Non-Specified
Trigger for OSP obligations
OSP obligation considered
Block or Remove
Monitor or Filter
Type of law
General effect on immunity
General intermediary liability model
Takedown/Act Upon Knowledge (Includes Notice and Takedown)