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Policy Document

European Commission report on Fake News and Online Disinformation

Final report of the High Level Expert Group (HLEG) on Fake News and Online Disinformation
In January 2018, the European Commission created High Level Group (HLEG) of experts "to advise on policy initiatives to counter fake news and disinformation spread online". The multidisciplinary group consisted of 39 members and was chaired by Prof. Dr. Madeleine de Cock Buning. The report presented by the HLEG affirms that disinformation is a phenomenon that goes beyond the term "fake news", which was used misleadingly by different actors "to dismiss coverage that is simply found disagreeable." As defined in the report, disinformation "includes all forms of false, inaccurate, or misleading information designed, presented and promoted to intentionally cause public harm or for profit." The HLEG recommends a multi-dimensional approach to the problem of disinformation, consisting of five pillars: enhance transparency of...
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...
Other

General Resources - EUROPEAN UNION

Curia, www.curia.europa.eu European Commission, Digital Agenda for Europe, https://ec.europa.eu/digital-agenda European Commission, The EU Single Market, Online Services, http://ec.europa.eu/internal_market/e-commerce/index_en.htm
Court Decision

Tommy Hilfiger v. Delta

Case C‑494/15
Although this is not an Internet case – it involves intellectual property rights in items sold at a market – the court discusses and applies injunction standards from the eCommerce Directive Intermediary Liability provisions.
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 r ebuttable presumption of knowledge in cases of links...