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Court Decision

Delfi v. Estonia

This case concerned an online news site’s liability for threats and anti-Semitic slurs posted by users in the site’s comments section. Estonian courts held, and the European Court of Human Rights (ECtHR) Grand Chamber affirmed, that the platform could be liable for those comments – even before it knew about them. The ECtHR reviewed the Estonian ruling solely for compliance with the European Convention on Human Rights -- it did not consider specific laws, such as the EU’s eCommerce Directive , except as necessary for the human rights law assessment. Defendant news site, Delfi, had both proactive and reactive measures in place to bar inappropriate user comments. It removed the comments at issue in the case when it learned about them. It argued that strict liability for user comments, and the de facto monitoring...
Policy Document

Commission Recommendation on measures to effectively tackle illegal content online

The European Commission issued guidelines encouraging Member States and hosting service providers "to take effective, appropriate and proportionate measures to tackle illegal content online". Chapter I of the document provides general recommendations. Those include: the creation of easy to access and user-friendly mechanisms allowing the submission of notices reagarding the existence of illegal content. These mechanisms should encourage the notice provider to provide "sufficiently precise and adequately substantiated" notices "to enable the hosting provider concerned to take an informed and diligent decision in respect of the content to which the notice relates" (paragraphs 5-8) Hosting providers should inform the content providers about the notice, allowing for counter-notice procedures. However, the recommendation...
Policy Document

A Digital Single Market Strategy for Europe, COM(2015) 192 final.

European Commission, Communication,
The Strategy plans the introduction of enhanced obligations that websites and other Internet intermediaries should have for dealing with unlawful third-party content and discusses what regulations should apply to a subset of those intermediaries deemed “internet platforms.” The Commission would like to discuss whether "whether to require intermediaries to exercise greater responsibility and due diligence in the way they manage their networks and systems – a duty of care ." (emphasis added). The Commission refers to enhanced responsibilities for dealing with illegal content, such as child pornography, terrorist materials, and content that infringes upon intellectual property rights. (See § 3.3 )
Legislation

Criminal Code Amendment (Sharing of Abhorrent Violent Material) Act 2019

Amends the Criminal Code Act 1995
Following the Christchurch terrorist attack on 15 March 2019, the Australian Government passed an amendment to the Criminal Code to require social media platforms to expeditiously remove abhorrent violent material and, where relevant, refer it to the Australian Federal Police. The law came into force on 6 April 2019. The law applies to social media services and hosting services, whether located within or outside Australia. It creates an offence for an internet service provider, or a person providing a social media service or hosting service, to fail to refer to the Australian Federal Police material that can be accessed on their service that they have reasonable grounds to believe records or streams abhorrent violent conduct occurring in Australia (s. 474.33). The maximum penalty is $168,000 for an individual or $840...
Court Decision

District Court of Nizami , F. Novruzoglu Prosecution

Mr. Novruzoglu was accused of posting calls for riots on Facebook ahead of the 11 March 11, 2011 Great People’s Day protest. He was sentenced, and served 4 years and 6 months in jail, according to Article 220.2 of the Criminal Coded (calls for mass riots, and violence against the citizens).
Regulation

Provisions on the Governance of the Online Information Content Ecosystem

Order of the Cyberspace Administration of China (No. 5)
The Provisions on Ecological Governance of Network Information Content, as deliberated and adopted at the executive meeting of the Cyberspace Administration of China, are hereby issued and shall come into force on March 1, 2020. Director: Zhuang Rongwen December 15, 2019 Chapter I General Provisions Article 1 These Provisions are hereby developed in accordance with the State Security Law of the People's Republic of China, the Cybersecurity Law of the People's Republic of China, the Measures for the Administration of Internet Information Services and other laws and administrative regulations for the purposes of creating a good network ecology, protecting the legitimate rights and interests of citizens, legal persons and other organizations, and safeguarding national security and public interests. Article 2 These...