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General Resources - Finland

Honkasalo Pessi, Criminal Proceedings Against the Administrators of a BitTorrent Tracker: Finreactor KKO 2010:47, 32 EIPR 591 (2010) Norrgård Marcus, Blocking Web Sites – Experiences from Finland in Johan Axhamn (ed.), Copyright in a Borderless Online Environment (Norstedts Juridik 2012). Savola Pekka, The Ultimate Copyright Shopping Opportunity: Jurisdiction and Choice of Law in Website Blocking Injunctions, 45(3) IIC 287–315 (2014) Savola Pekka, Blocking Injunctions and Website Operator's Liability for Copyright Infringement for User-Generated Links, 36 (5) EIPR 279-288 (2014) Savola Pekka, Proportionality of Website Blocking: Internet Connectivity Providers as Copyright Enforcers, 5 JIPITEC 116 (forthcoming 2/2014). Savola Pekka, Internet-operaattori ja perusoikeudet in >Tapani Lohi (ed), Oikeustiede–Jurisprudentia...
Court Decision

Supreme Administrative Court, Lapsiporno.info, KHO 2013:136, August 26, 2013

The Court held that a site providing links of blocked targets was helping in propagating child pornography and there were grounds to add it to the blocking list provided by the Act 1068/2006 (see above). For critique in Finnish, see eg. Pekka Savola and Riku Neuvonen, KHO 2013:136 – Verkkotunnusluettelon julkistamisen katsottiin edesauttavan lapsipornon levittämistä (2014) 112 Lakimies 114.
Legislation

Code of Judicial Procedure 4/1734 [English version]

Chapter 7 and in particular its Section 3 provides a general provision on judicial precautionary (preliminary) measures. However, it has been held that these injunctions cannot be applied against intermediaries (eg. in the context of copyright infringement), because they are not infringers and there is no liability, negligence, or such on part of the intermediary.
Legislation

Act 458/2002, on Information Society Services and Electronic Commerce, June 5, 2002

The law implements the E-Commerce Directive almost verbatim, Sections 13–15 corresponding to Articles 12–14 of the Directive. (1) A presumption of knowledge is provided by the hosting exemption in Section 15 for certain extreme pornography or incitement to hatred, which are assumed to be known also without a notification. (3) Section 16 allows a court to issue an order to disable access to information, but only applies to hosting providers. The general obligation by the service provider to take action to implement a decision by the authorities is provided in Section 19, which implements Articles 12(3), 13(3) and 14(3) of the Directive. (4) There is no specific provision corresponding to Article 15 of the Directive, regarding the prohibition of monitoring obligations, nor a provision on the obligation to notify the...
Legislation

Act 460/2003, on the Exercise of Freedom of Expression in Mass Media, June 13, 2003 [English version]

The law includes additional provisions on freedom of expression. Most importantly, hosting providers have no "editor" responsibility. In this regard, Sections 17–20 and 22 apply to technical operations "consisting solely of the technical production, transmission, intermediation or distribution of publications or network messages" (Section 3). Those provisions include a possibility for the court to order the disclosure of information to identify the message in a network if its publication is a criminal offence (Section 17) or to cease the distribution of a message with similar characteristics (Section 18).