Court of Appeals [Krajský súd Trenčín], Civil, Stacho v. Klub Strážov, 19Co/35/2012

Document type
Court Decision
Country
The Court denied liability of the discussion forum provider for libelous comments of unknown users. The provider was sued without previous notice and takedown request. Although the first instance Court held the provider liable for users comments, without explaining the basis of such liability, the Court of Appeals rejected this because the provider did not act against the right of the plaintiff himself. The Court did not discuss liability for wrongful omission or liability to serve injunctions as a non-infringer. The case was appealed further to the Supreme Court, where it is currently pending.
Country
Year
2012
Topic, claim, or defense
Defamation or Personality Rights
Document type
Court Decision
Issuing entity
Appellate Domestic Court
Type of service provider
Host (Including Social Networks)
Issues addressed
Notice Formalities
Trigger for OSP obligations
OSP obligation considered
Block or Remove
Type of law
Civil
General effect on immunity
Mixed/Neutral/Unclear