Explore

Topic, claim, or defense
Show in map
Policy Document

Online Harms White Paper

This is a UK government White Paper, setting out the plans to provide for a major reform of the obligations of various online services towards illegal content and user safety. It is under consultation until the 1st of July 2019. The core of the new proposals is a novel, statutory duty of care, tied to tackling illegal content in an adequate and efficient manner, as well ensuring the safety of the service's users. This duty is to be placed on a wide category of entities - “companies that allow users to share or discover user-generated content or interact with each other online”. The exact content of the duty in question is not specified yet - this is to occur through a series of corresponding codes of practice. For now, the possible obligations include: operating specific notice & takedown procedures, with corresponding...
Court Decision

Yahoo Inc. v. LICRA

US court ruling on enforceability of French judgment
This case is the US follow-on litigation to a French court’s order, in 2000, for US search engine and portal Yahoo to restrict access to Nazi memorabilia auctions and materials. Yahoo maintained that the French order was improper, but also adopted a new, allegedly voluntary, global policy largely complying with it. French plaintiffs represented that they were happy with Yahoo’s compliance and would not seek further enforcement. However, Yahoo filed suit in U.S. District Court (N.D. Cal.) for declaratory judgment that the French Court's order was not recognizable or enforceable in the U.S. In two lower court rulings, the District Court determined that it had jurisdiction over the case, and that the First Amendment precluded US enforcement. The Ninth Circuit Court of Appeals reviewed the ruling, and then ruled a second...
Legislation

Constitutional Law Against Hatred, for Tolerance and Peaceful Coexistence

ANC, 2017. Ley constitucional contra el odio, por la convivencia pacífica y la tolerancia, Official Gazette No.41.271
On November 8, the National Constituent Assembly (NCA) promulgated the Constitutional Law Against Hatred, for Tolerance and Peaceful Coexistence which establishes prison sentences of between ten to twenty years for those who incite hatred or violence through any electronic means, including social networks (article 20). The Law also establishes that intermediaries that do not remove within 6 hours from its dissemination (article 22) the messages containing war propaganda or promoting different kinds of hate speech - national, racial, religious, political or hate speech of any other kind ("mensajes que constituyan propaganda a favor de la guerra o apología del odio nacional, racial, religioso, político o de cualquier otra naturaleza") - shall be subject to sanctions ranging from fifty thousand to one hundred thousand Tax...