Supreme Court, Civil Chamber, alasbarricadas.com, 72/2011

Document type
Court Decision
Country
holding the owner of an internet forum liable for defamatory remarks posted by users against the Spanish pop singer RamoncĂ­n; the court considered that the owner of the forum did not qualify for the hosting exemption because (a) the defamatory nature of the contents was self-evident and thus the defendant should be deemed aware of facts or circumstances indicating illegal activity, and (b) the website owner was negligent as it did not provide enough contact details to be notified about illegal content.
Country
Year
2011
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
Type of law
Civil
General effect on immunity
Weakens Immunity
General intermediary liability model
Takedown/Act Upon Knowledge (Includes Notice and Takedown)