Hoge Raad [Dutch Supreme Court], Civil law
Document type
Court Decision
Country
The Dutch Supreme Court confirmed a Court of Appeals decision holding that even when a hosting provider itself does not commit a tort by refusing to delete defamatory information on a website, the hosting provider can still act unlawfully by not providing personal data of the author of that information to the person harmed by the information. Lower courts in later cases have applied this standard to service providers in cases of copyright infringement.
Country
Year
2005
Topic, claim, or defense
Defamation or Personality Rights
Document type
Court Decision
Issuing entity
Highest Domestic/National (including State) Court
Type of service provider
Host (Including Social Networks)
Issues addressed
Trigger for OSP obligations
OSP obligation considered
Block or Remove
Data Retention or Disclosure
Type of law
Civil
General effect on immunity
Weakens Immunity
General intermediary liability model
Takedown/Act Upon Knowledge (Includes Notice and Takedown)