(1) The Court upheld a decision to impose joint and several liability on a blog portal operator, who was acting as a host provider, despite the fact that there was no editorial control over the blog posts and the identity of the primary defendant, a well known blogger, was well known. (2) The court held that hosting providers are not liable for the information they transmit or store on the request of their users if they are not aware of facts or circumstances from which the illegality is apparent or if they expeditiously remove or block access to such information once they are aware of their unlawful nature. If the provider does not act accordingly, they may be held liable for the information that they store on the request of their users. (3) The Court concluded that the provider lost his safe harbor privileges at the...
The eCommerce directive was implemented into Slovenian law by the Electronic Commerce Market Act (Zakon o elektronskem poslovanju na trgu, hereinafter ZEPT). (1) The safe harbor regime (articles 12 to 15 of eCommerce directive) is transposed almost verbatim into the act , thus providing liability exemptions for mere conduit service providers (article 9), caching providers (article 10) and hosting providers (article 11). (2) ZEPT also provides that service providers cannot be obliged to monitor information transmitted or stored by them or to search for circumstances indicating an illegal activity (article 8(3)). (3) The legal basis for injunctions is provided in article 9(3), 10(2), 11(2) and article 18 of ZEPT. It should be noted that the possibility to issue an injunction is explicitly limited to courts and cannot be...
The Code of Obligations (Obligacijski zakonik, hereinafter OZ) provides basic tort principles upon which internet intermediaries may be held liable. (1) Article 131 thus stipulates that: “Any person that causes damage to another shall be obliged to reimburse it; unless it is proved that the damage was incurred without the culpability of the former”. Besides the possibility that internet intermediaries may be held liable as primary infringers, joint and several liability is imposed on all participants, instigators and those who assist the liable person in evading detection (article 186). Although culpability is necessary in order to find a person liable under this heading, negligence can also be sufficient when imposing liability on intermediaries. (2) In connection to infringements of personal rights, Article 134 OZ...