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Policy Document
Transnational

Joint Declaration by the UN and OAS Rapporteurs on Freedom of Expression (20 January 2012)

Joint Declaration by the UN Special Rapporteur for Freedom of Opinion and Expression and the IACHR-OAS Special Rapporteur on Freedom of Expression, UN and OAS (20 January 2012) (Catalina Botero and Frank LaRue)
The Special Rapporteurs were particularly concerned about then-pending US legislation, the Stop Online Piracy Act (SOPA) and the PROTECT IP Act. Specifically, the creation of extrajudicial notice-and-termination procedures requiring a website to police user-generated content and targeting entire websites for even small portions of its content, that have potential impact on freedom of speech. At that time, the Special Rapporteurs were encouraged to see that Congress and the Obama Administration backed away from SOPA and reaffirmed they would not support legislation that reduces freedom of expression on the Internet. The summary of this document is part of the report produced on the Stanford Law School Intermediary Liability and Human Rights Policy Practicum and is based on the work of Mirena Taskova. The full report...
Policy Document
Transnational

UN Freedom of Expression Report, Document No. A/HRC/17/27 (May 2011)

Report of the Special Rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Expression (Frank La Rue)
This report summarizes the findings of the Special Rapporteur that came from a series of communications, meetings, seminars, and country visits. The report highlights the fact that Article 19 of the Universal Declaration of Human Rights (‘UDHR’) and the International Covenant on Civil and Political Rights (‘ICCPR’) were crafted broadly enough to encompass freedom of opinion and expression on the internet and through other technological means. Categories of information that may be restricted include: child pornography, hate speech, defamation, direct and public incitement to commit genocide, and advocacy of national, racial, or religious hatred that constitutes incitement. Chapter III of the report summarizes the first principles of freedom of expression in general and on the internet. It underlines the applicability of...
Policy Document

Recommendation CM/Rec(2012)3 - Council of Europe

Recommendation of the Committee of Ministers to Member States on the Protection of Human Rights with Regard to Search Engines, Council of Europe
This Recommendation predates the Google Spain "Right to be Forgotten" case, and highlights key concerns regarding free expression on search engines. The Recommendation appears contradictory in many respects, so - while it is an important snapshot for what the Council was thinking prior to Google Spain - it should be treated with caution. The Recommendation acknowledges the significant role search engines play in collating and disseminating content on the internet. It advises states to allow search engines to perform this function. It notes, however, that search engines present risks to human rights by referencing content that is created by others. In particular, copyright and the right to a private life are cited as considerations for States in assessing “suitable regulatory frameworks” for giving protections to these...
Legislation

Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC

Copyright Directive
The Copyright in the Digital Single Market (CDSM) Directive lays down additional provisions harmonizing EU copyright law, particularly with regards to digital and cross-border uses of protected subject matter. Of particular interest for internet intermediary liability issues is the new legal regime for ‘online content-sharing service providers’ (OCSSP). An OCSSP is defined as “a provider of an information society service of which the main or one of the main purposes is to store and give the public access to a large amount of copyright-protected works or other protected subject matter uploaded by its users, which it organizes and promotes for profit-making purposes.” Some specific types of providers, though, are left out of the scope for the purposes of the Directive, namely “not-for-profit online encyclopedias, not-for...
Court Decision

European Court of Justice, GS Media BV v Sanoma Media Netherlands BV and Others, Case C-160/15

(1) In GS Media, the ECJ had to decide whether a link to materials that the copyright holder didn’t authorize were infringing communication to the public. In this case, the defendant is a popular Dutch blog that posted links to photos meant for publication in the Dutch version of Playboy magazine, but which were leaked on an Australian server by an unknown uploader. Sonoma noticed GS Media of the infringing nature of the linked material—asking for removal of the link multiple times. (2) In finding GS Media liable for copyright infringement, the Court noted however that the alleged infringer can only be held responsible for the infringing act if he had sufficient knowledge of the unauthorized publication of the linked work. (3) Also, the court established a rebuttable presumption of knowledge in cases of links made for...