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June 2018 WILMap Updates

June 26, 2018


Copyright Act of 2001

( 1 ) Section 26 describes the nature of copyright in literary, audio-visual and musical or artistic works. It provides for the exclusive right of copyright holder to control reproduction

Penal Code

Chapter XVIII defines and describes defamation as an offence. Section 194 makes any person who unlawfully publishes defamatory matter with intent to injure or defame another person liable for defamation.

Data Protection Bill 2013

This bill will be enacted to give effect to article 31(c) (d) of the Kenyan Constitution on regulation, collection, and disclosure of personal data and connected purposes. ( 1 )

Attorney General, Lakome case

The Attorney General ordered the ANRT to block the Arabic - and French - language websites of the investigative news site, Lakome. Its Arabic-language editor in chief, Ali Anouzla, was

Nigerian Copyright Act

Cap C28, 2004 The Act does not contain provisions specifically dedicated to Internet intermediaries. However, provisions that may be relevant for intermediary liability are listed below. Also, amendments to the

Nigerian Communications Act

Repealing a previous Act of 1992, which introduced the Nigerian Communications Commission (NCC). The Act governs the operations of the telecommunications regualtor and provides the NCC with competence on oversighting

Copyright Act of 1987, Act 322

Section 36(1) Copyright Act 1987 provided a measure against primary infringers “Copyright is infringed by any person who does”, and secondary infringers “or causes any other person to do,” without

Electronic Transactions Act, Parliamentary Legislation, Chapter 88, Revised Edition 2011, Dec 31, 2011 (originally Jul 10, 1998) (An Act to provide for the security and use of electronic transactions, to implement the United Nations Convention on the Use of Electronic Communications in International Contracts adopted by the General Assembly of the United Nations on 23rd November 2005)

Section 26 in Part IV of the Electronic Transactions Act, which was modeled after Art 1 s 5 of the German Federal Law to Regulate Conditions for Information and Communication

Supreme Court Decision 2010Ma817

( 1 ) This is an important decision regarding trade of counterfeit goods on online shopping malls, so called open-markets, where the service providers do not sell goods but intermediate

Information Society Services Act

The Information Society Services Act (ISSA), which is based on the EU e-Commerce Directive (Directive 2000/31/EC), lists three types on services the providers which are exempted from potential liability under

Law No. 10128 on Electronic Commerce

( 1 ) The object of this law is to establish rules for conducting commercial transactions electronically, through services offered by the information society for the protection of persons participating,

European Court of Justice, Google France SARL and Google Inc. v. Louis Vuitton Malletier SA, C-236/08, Google France SARL v. Viaticum SA and Luteciel SARL (C-237/08) and Google France SARL v. Centre national de recherche en relations humaines (CNRRH) SARL and Others, C-238/08, joined cases

Considering the contributory liability for trademark infringement of an hosting provider auctioning words corresponding to the plantiffs' trademarks while operating an online advertising service. The ECJ found that the provider

Cour de Cassation, Google Inc. / Compagnie des phares et balises ; Google Inc./ Bac Films, the Factory (movie “L’affaire Clearstream”); Google Inc./ Bac Films, the Factory, Canal + (movie “Les dissimulateurs”) and Google Inc./Les Films de la Croisade, Goatworks Films (movie “Mondovino”) (Court of Appeals of Paris, January 14, 2011)

Google is eligible under the hosting safe harbor and cannot be bound by general monitoring obligation but may be enjoined to set up some targeted and temporary monitoring tools to

Google v. Mosley, TGI Paris

Google is ordered to take down and stop referencing in its Google image tool for a duration of 5 years, 9 photos of Max Mosley which had already been held

Bruno L. v. Google

Liability of Google on the ground of general civil liability for refusing to delete from its Google suggest tool suggestions such as “crook” or “sect” associated with the name of

Telemedia Act

The Telemedia Act (Telemediengesetz, TMG) applies to all providers of electronic information and communication services, such as ISPs, to the extent that they are not providing telecommunications services. The Telemedia

Civil Code

The Civil Code (Bürgerliches Gesetzbuch, BGB) comprises general regulations civil law provision, e.g. on contract law, tort law and property law. The central provisions which may be applied to intermediaries,

Defamation Act 2009

The legislation governing defamation in Ireland. Includes a defence of innocent publication in s.27. A court may make an order prohibiting publication of a defamatory statement under s.33. The Act

Privacy Bill

The Privacy Bill was published by the previous Government in 2006 but has not been enacted. In 2012, the Minister for Justice stated that he was considering re-introducing a version

High Court, EMI v UPC [2013] IEHC 204

Record companies had instituted proceedings seeking an order against various ISPs blocking access to the Pirate Bay website. Digital Rights Ireland (DRI) applied to be added as an amicus curiae.

Law on E-commerce, as amended

implementing almost verbatim the Directive 2000/31/EC of 8 June 2000 on E-commerce regarding the mere conduit (Article 60), caching (Article 61), and hosting (Article 62) exemptions for intermediaries, together with

Regulatory Entity: Communication Authority (AGCOM)

The AGCOM Regulations regarding Online Copyright Enforcement vested the Italian Communication Authority (AGCOM) with new administrative copyright enforcement powers; copyright enforcement would be done through administrative procedures which would not

Law No. XII-1428on Cyber Security

The law established specific requirements applicable to public electronic communication and hosting service providers. The law grants jurisdiction to law enforcement entities to issue mandatory orders to the service providers

Article 6:162 Dutch Civil Code

Article 6:162 DCC is the general basis for claims for damages that arise from torts. On the basis of 6:162(1) DCC, “a person who commits a tort towards another which

Article 3:296 Dutch Civil Code

Under Dutch law, injunctions are based on Article 3:296 DCC, which indicates that if someone is obligated to give, to do, or to refrain from doing something towards another, he

Law No. 22/2004 on Electronic Commerce

The Act implements e-Commerce Directive into Slovak law incorporating mere conduit, caching and hosting safe harbors, and prohibition of general monitoring obligation (§ 6). The implementation is of very inferior

Law No. 40/1964 Civil Code

The Civil Code provides for all general tort law basis for liability including vicarious liability, wrongful omission, liability as a participant, etc. It regulates substantial part of the private law.

Electronic Commerce Market Act

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

Code of Obligations [English Version]

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

Andean Community Decision No. 351 of 1993

This is a Community legislation covering Colombia, Ecuador, Peru and Bolivia. This decision does not specifically establish provisions regarding intermediary liability on the internet. However, Article 54 may find application

Statutory Draft Law No. 119 of 2013 – House of Representatives by which a statute is issued to establish the deactivation of autocomplete function on Internet search engines as long as they make a pejorative and/or undermining reference of the rights of good name, honor, privacy and human dignity of individuals and entities, nationals or internationals, and establishes other provisions.

This bill is currently under discussion. It prohibits the activation of the autocomplete function of search engines to do pejorative and/or undermining reference of the rights of good name, honor,

Conatel, Administrative Procedure

Conatel opened administrative procedures against 8 ISPs. Those ISPs hosted information portals where the cost of the black market dollar was published (Venezuela has a foreign currency exchange control policy

Electronic Transactions Act, No. 15

§§25 of the Electronic Transactions Act deals with ‘Liability of Intermediaries’. The statutory provisions generally employ a ‘mere conduit’ approach, and do not require intermediaries to actively monitor electronic documents.

Electronic Transactions Act, No. 7 of 2009

§§30-31 of the Electronic Transactions Act deals with ‘Liability of Intermediaries or E-Commerce Service Providers’. The statutory provisions generally employ a ‘mere conduit’ approach, and do not require intermediaries to

Electronic Transactions Act, 2007

Part 5 of the Electronic Transactions Act (§43) deals with Intermediaries and Internet Service Providers. The provision is basic and employs a ‘mere conduit’ approach. There is no affirmation of

Electronic Transactions Act, 2007

PART VII of the Electronic Transactions Act ( §§51-59 ) deals with ‘Liability of Service Providers’. The statutory provisions generally employ a ‘mere conduit’ approach, and do not require service

Electronic Transactions Act, No. 6 of 2011

Part VII (§§50-52) of the Electronic Transactions Act dealt with the issue of ‘Intermediaries and Telecommunications Service Providers’. The statutory provisions generally employ a ‘mere conduit’ approach, and do not

Computer Crimes Law, June 2009

( 1 ) Article 21 of Iran's Computer Crimes Law (CCL) imposes liability on Internet Service Providers (ISPs) that fail to filter internet content that “generates crime.” Penalties for the

E-Commerce Bill, 2011

The proposed bill, which was first introduced in its original form in 2008, seeks to regulate e-commerce including the liability of ISPs, introducing a notice and take down safe harbor

Deliberation No. 2016-054, CNIL

According to the French Data Protection Authority (CNIL), by the date of this deliberation Google has processed approximately 80,000 requests of French citizens to delist specific results from its search

Canadian National Railway Company v Google Inc, 2010 ONSC 3121

A lower court ordered issued a third party injunction compelling removal of a blogging site from blogspot on the basis that it was clearly defamatory. The case nominally establishes a high bar for defamation-related injunctions, but does not necessarily address potential freedom of expression concerns.

Bill 5276/2016

Establishing the general principles and rules for the protection of personal data
This bill is the result of an online public consultation organized by the Brazilian Ministry of Justice, collecting more than 1.000 contributions from different stakeholders. The proposed legislation is deeply

Forbidden Feeds: Government Controls on Social Media in China

Detailed 2018 review of Chinese developments including intermediary liability laws
This well-researched and annotated report includes thorough discussion of recent developments affecting online speech via social media in China. A section on applicable law discusses the consolidation of agencies exercising