June 26, 2018
Section 11(1) provides that “no person shall advertise an internet gaming site that is operated contrary to any written law” and Section 11(2) provides that “no person, other than an
( 1 ) Section 24-25 establishes the requirement of license to operate or provide telecommunication systems and services; under the Unified Licencing Framework (ULF) operated by the Communication Commission of
Section 13 creates the offence of Hate Speech. Section 62 makes an offense for any media enterprise to publish words intended to incite feelings of contempt, hatred, hostility, violence or
( 1 ) Section 12 makes it an offense for any person to distribute, supply or display any article that is intended to encourage or enable a child to be
( 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
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.
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 )
( 1 ) This Bill contained key provisions on intermediary liability which finally were not integrated into the Information and Communication Act of 2009 and was partially inspired by the
According to the Law No. 09-08, the personal data must be processed lawfully and faithfully, collected for defined, explicit and legitimate purposes, adequate, accurate and kept for a period of
This FTA contains provisions and side letters on intermediary liability, safe harbours and notice and taken down. Article 15.11.28 of the MUSFTA provides that: For the purpose of providing enforcement
( 1 ) The law provides authorities with legal powers to filter and delete content that is deemed to “disrupt public order by intimidation, force, violence, fear or terror.” (
According too Article 14 of ANRT Decision No. 12-14, the registrar has the obligation to inform the registrant about the provisions of the present Decision, the alternative dispute resolution procedure
Articles 3 to 6 of the Ministerial Order No. 977-08 fix the conditions and modalities to launch promotions of telecommunication services by operators of public telecommunications networks.
Articles 3 to 8 of the Ministerial Order No. 649-07 determine the rules to respect by operators in advertising telecommunication services.
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
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
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
( 1 ) Article 6 prohibits a journalist from publishing documents from legislative, executive or judicial powers with respect to confidentiality in the national security and national integrity; confidentiality of
( 1 ) Article 8 : Liability of communication network services - A communication network service shall not be liable in respect of contents of documents, electronic message through his/her
( 1 ) Article 261 provides that any industrial or commercial use of an invention, utility model, industrial design and model, mark or other distinctive sign of business, trade name,
( 2 ) Article 230 provides that any person who displays, sells, rents, disseminates or distributes pornographic pictures, objects, movies, photos, slides and other pornographic materials involving children shall be
Setting forth some general principles (section 2), minimum requirements (section 5) and some preferred requirements (section 6) for the codes of conducts to be adopted by industry representative bodies.
( 1 ) Introducing liability limitations for mere conduit (section 73), caching (section 74), hosting (section 75) and information location tools (section 76). ( 2 ) The conditions to fall
Establishing civil liability for any person found to disseminate, broadcast, publish or display any content that could reasonably be construed or reasonably be understood to demonstrate a clear intention to
Establishing the obligation of IAPs, subject to criminal sanctions (section 27 (A) (4)), to: ( a ) register with the Board in the manner prescribed by regulations made under this
Article 3 sets forth a safe harbor for telecommunications service providers in the following circumstances: ( i ) When any right of others is infringed by information distribution via specified
On January 31, 2017, the Supreme Court of Japan issued a decision on a case filed by an individual residing in Japan against Google Inc. in the United States, demanding
( 1 ) In this litigation, a trademark holder brought a trademark infringement litigation against Rakuten K.K., the operator of the online shopping mall named “Rakuten Ichiba”, claiming that Rakuten's
( 1 ) With respect to a copyright infringement case involving Channel 2 where a user uploaded a small part of a copyrighted work onto the bulletin board, the Tokyo
( 1 ) With respect to a copyright infringement case involving Channel 2 where a user uploaded a small part of a copyrighted work onto the bulletin board, the Tokyo
The Agreement contains Article 122 (2) : “Each Country shall provide for appropriate measures concerning limitations on liability for service providers: ( a ) in case where a service provider
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
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
In 1999, Singapore made its first amendments to the Copyright Act to introduce various safe harbor defenses for Internet intermediaries as network service providers. Arising from its obligations under the
( 1 ) The appellant/plaintiff, RecordTV, was the provider of a remote-store digital video recorder service, known as iDVR or Internet digital video recorder, which allowed its registered users to
( 1 ) Odex was a private company that provided Japanese anime programs to local television stations for broadcasting. It also distributed authorized copies of these programs to retailers for
( 1 ) Intermediary Liability of Copyright Infringement . The inducement liability of copyright infringement was enacted in 2007 under the influence of the U.S. Supreme Court’s decision, MGM v.
Joint Criminal Enterprise Liability and Aiding Liability . Article 15 . A person who has a legal obligation and is able to prevent the results of the occurrence of an
(1) Article 2 subparagraph 4 defines “ mail order brokerage ” as “the act of intermediating mail order between both parties to a transaction by allowing the use of a
( 1 ) Article 82-4 is titled “Election Campaigns by Utilizing Information and Communications Networks.” According to paragraph (3), when the election commission of each level or any candidate has
Majority of the Constitutional Court found Article 104 of the Copyright Act constitutional. However, two Justices dissented, stating that it is unconstitutional to delegate the authority to determine the notion
( 1 ) In this decision, the Supreme Court clarified that the safe harbor under Article 102 of the Copyright Act (before it was amended by Act no. 8852 on
( 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
In a subsequent decision following Dallas Buyers Club LLC v iiNet Limited (see below), the court rejected Voltage Pictures’ draft demands as unreasonable and excessive. The court was satisfied Voltage
The Federal Court of Australia ordered preliminary discovery from iiNet and five other Australian ISPs of the information of 4,726 account holders of IP addresses believed to have infringed copyright
A news website publisher was found liable for publishing vilifying comments posted by a reader. A claim was brought under s 18C the Racial Discrimination Act 1975 (Cth), which prohibits
Cooper and his hosting provider, Comcen, were liable for authorising infringements by users of his website, mp3s4free.net, which linked to infringing MP3 files on third-party websites. The index was populated
Sharman, who operated the Kazaa filesharing platform, were found liable for authorising the infringements of its users. The court held that Sharman knew that the Kazaa system was primarily used
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
( 1 ) Granting “Freedom of speech and expression” (art 3), “Protection of confidential information and sources (art 11)” and “Liability for disclosure of a secret” (art 12). ( 2
( 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,
Law No. 9918 on electronic communications includes certain provisions on obligations and criteria for telecommunication operators relating to the safeguarding of fundamental rights and freedoms. The Law also includes provisions
( 1 ) This law aims at defining the rules for the protection and legal processing of the personal data. ( 2 ) According to Article 2, the legal processing
The copyright law provides protection to rightholders for copyright infringment. The law targets primary infringers but secondary liability might be extended to third parties facilitating, aiding or abetting infringement.
( 1 ) According to Article 22 , freedom of expression and freedom of the press, radio and television are guaranteed. Prior censorship of means of communication is prohibited. The
( 1 ) Article 7 Implementation of the law on criminal acts committed by foreign nationals – letter j) - applies to criminal acts related to technological information field. (
The safe harbors for intermediaries of the E-Commerce Directive are incorporated into Austrian national law by the E-Commerce-Act (E-Commerce-Gesetz - ECG). Section V of this act deals with the exclusion
In the second decision regarding the domain www.fpo.at , the Court decided that the domain name authority is obliged to block the domain when the infringement of someone’s right is
Articles 11-14 provide that the intermediary will not be held liable for the type of information transmitted through, cached in, or hosted on the intermediary’s services, as long as some
The articles provide that rightsholders may seek injunctions against intermediaries whose services are used by a third party to infringe upon creators’ rights, neighbouring rights, or sui generis database rights.
( 1 ) This recent high-profile case was a joinder of multiple applications for injunctions by Greek collecting societies against Greek ISPs in order to block access to websites containing
( 1 ) The court ordered a temporary injunction against Greek ISPs in order to block access to certain websites that were thought to illegally contain or distribute copyrighted content
Article 11 states that "Member States shall also ensure that rightholders are in a position to apply for an injunction against intermediaries whose services are used by a third party
providing information on the first result of implementation of the Code of Conduct and urging platforms to do more to implement the code of conduct
Released in parallel with the Copyright in the Digital Single Market Directive Proposal (above).
Commission agreed with all major online hosting providers—including Facebook, Twitter, YouTube and Microsoft—on a code of conduct that includes a series of commitments to combat the spread of illegal hate
The Commission anticipated that policy and legislative action would be taken in respect of: ( 1 ) exceptions and limitations; ( 2 ) exclusive rights, including both clarifying issues facing
The Commission specifically prioritizes tackling excessive fragmentation of notice-and-take-down (or "notice-and-action") procedures in European jurisdictions (3.4, main action 12). This fragmentation in turn leads to a high level of legal
mentioning that it appears necessary to set up a horizontal European framework for notice-and-action procedures and announcing an initiative on notice-and-action procedures (Main Action 12).
This European Protocol signed between major rights-holders and internet platforms on the online sale of counterfeit products requires, in addition to a notification and take-down procedure, action against repeat infringements
( 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
( 1 ) The ECJ had to consider the potential liability of Mr. Mc Fadden--running a business selling lighting and sound systems--for the use by a third party of the
( 1 ) Maximillian Schrems, an Austrian citizen and Facebook user, lodged a complaint with the Irish Data Protection Commissioner saying that in light of Edward Snowden's revelations concerning the
( 1 ) The ECJ had to decide whether linking to live internet streams of sport events infringed on the exclusive related rights of broadcasting organizations. Prior to this case,
( 1 ) The Court issued a reasoned order ex Article 99 of the Rule of Procedure of the European Court of Justice , which applied the findings of the
The ECJ stated that European libraries may digitize books in their collection without permission from the rightholders. The decision confirmed a previous opinion of the ECJ's Advocate General . (
The ECJ stated that EU law must be interpreted as not precluding a court injunction that does not specify the measures which an access provider must take to block access
The ECJ decided that links to authorized works freely available online do not infringe the E.U.-recognized exclusive right of communication to the public. The case involved journalists claiming that the
( 1 ) The ECJ was asked to decide whether sites that link to streams are responsible for communicating copyrighted works to the public. In this case, the defendant operated
The ECJ had to decide whether a Belgian court could require Netlog, the Belgian equivalent to Facebook, to immediately cease making available works from SABAM‘s repertoire by installing a filtering
Considering the use of keywords as a trigger for contributory liability of an hosting provider that operates an online marketplace. The ECJ found that an hosting provider cannot benefit from
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
The Court held that, in case of infringiment committed through an open WLAN network, it was more likely that the infringment, which was carried out by making works available to
The E-Commerce Act, Section 16 was applied to issue against a hosting provider an order to remove access to the website. However, probably due to a technical misunderstanding, the order
The Court held that the Code of Judicial Procedure, Chapter 7, Section 3 (see above) is not applicable against intermediaries to order measures for copyright infringement.
In these four cases, Section 60c of the Copyright Act was applied to disconnect DirectConnect p2p filesharing users. All the issues were settled quickly afterwards and later the request was
In this case, Section 18 of the Freedom of Expression Act (460/2003) was argued to be the basis for access providers to block access to a website allegedly distributing Finnish
The Court held that the provider of an open WLAN network was not shown to infringe and had no duty to protect the WLAN from outsiders. Therefore, the internet subscriber
increasing access to information and damages available in case of infringement.
providing internet suspension sanctions for persons using the Internet to commit infringement (art 7 of this law, now codified under L335-7 French IPC) and obligations for owner of internet access
providing injunctive measures against any person likely to remedy the situation (art 10 now codified under L336-2 French Intellectual Property Code (IPC)
notably providing that persons involved in the distribution of infringing products or providing a service used to infringe can be ordered to provide information concerning the source or network of
implementing new exception to copyright – providing injunctions against providers of software whose main functions is to give unauthorized access to copyrighted content.
implementing limitations of liability provided in Council Directive 2000/31/EC (e-commerce Directive), specially to the benefit of routing, caching and hosting providers (see art. 6-I-2). No specific exemption for linking providers.
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 is liable for suggesting in its auto-suggest tool, words such as “Torrent”, “Megaupload” or “Rapidshare” when users type in names of artists or bands in the Google search bar,
holding eBay liable for third parties’ sales on eBay because played an “active role” in providing assistance in the promotion and optimization of these offers. eBay was also held to
holding video sharing platform Dailymotion eligible under the hosting safe harbor. The Court held that the mere awareness by the intermediary that its service may be used for infringing activity
dismissing M. X (actor) from its action based on breach of privacy, based on the fact that Bloobox was a mere aggregator, whose activity was limited to organizing and classifying
providing no liability for the advertisers which had put advertisement on peer-to-peer websites offering illegal content because no intent to facilitate infringement was shown.
holding Tiscali liable under a regime of regular liability for hosting on its portal a blog featuring unauthorized reproduction of copyrighted comics owned by Dargaud because its function was that
holding Sedo, domain name selling platform, liable for assisting third parties bidding on famous trademarks
The Paris Court of Appeals handed down a decision awarding €1.3M in damages to the French commercial TV broadcaster TF1 against DailyMotion, which failed its duty of promptly removing infringing
Court dismisses A.G.’s action aimed at taking down allegedly anti-Semitic blog “Joe Le Corbeau” based on lack of respect of formalities of 1881 law on freedom of press (lack of
blogger Bluetoof is held liable on the ground of fraudulent accessing and/or remaining on an automated data processing system further to the publication of confidential document of ANSES (national agency
blog aggregator paperblog is entitled to safe harbor protection because does not have control over, or prior knowledge of, content hosted.
holding Youtube eligible under the hosting safe harbor and not liable for the re-posting of content already flagged as infringing. Only the judicial authority has the power to impose on
eBay is not eligible under the hosting safe harbor because plays an active role in the promotion and follow-up of the sales. As a result, eBay is and liable for
Google is contributory liable on the ground of unfair competition, misleading advertising and illegal comparative advertising for having sold as Adwords to Cobrason’s main competitor, Cobrason’s trademarks thereby contributing to
Google has an obligation not only to take down but also to make sure that an image identified as infringing does not reappear on its website (take down/ Stay down).
Holding Google eligible under the hosting safe harbor. The Court held that the mere awareness by the intermediary that its service may be used for infringing activity was insufficient to
liability of eBay for third party’s sales.
holding eBay liable for sales by third party on its platforms of bags and items infringing Hermes’ rights.
no liability of aggregator for third party content because did not have knowledge or control over such content.
Adwords case referred to the ECJ in Google France and Google v. LVMH.
The High Court of Paris ordered ISPs to “implement all necessary measures to prevent access from the French territory to the music file-sharing site the Pirate Bay and its redirection
Google is subject to data protection law (loi informatique et liberte) and liable for breaching it when kept in Google suggest tools, personal information about art dealer (criminal charges for
ordering main French ISPs and search engines (Google, Microsoft and Yahoo! to block access and referencing to unauthorized movie streaming site.
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
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
Paris Court orders Twitter to provide personal identification information of fake Twitter profile, regardless of the fact that this information was hosted in the US.
Paris Court orders Twitter to (i) provide identification information of Twitter users who had created allegedly racist and anti-Semitic hashtags on the ground of French Civil Procedure regulation (legitimate reason
eBay is eligible under the hosting safe harbor and neither the selling tools he is offering to increase the sales of its users nor the financial interest he is taking
holding Google liable for breach of privacy resulting from its Adwords and Google suggest services, as a result of “knowledge” imputed to Google as a result of its “active role”
Google is eligible under hosting safe harbor and not liable for future posting of same images (no take down/ stay down obligation). Moreover, linking is not reproducing and indexation of
holding eBay not eligible under hosting safe harbor and liable for third party’s infringing sales on eBay.
early case law regarding ISP liability, holding Google liable for Adwords services.
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
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,
After the federal elections in Germany in September 2013, the leaders of the two coalition parties have concluded a non-binding coalition agreement that includes expanded hosting provider liability for online
( 1 ) The court ruled that a “review portal” can be liable for the accuracy of user-generated ratings on their web-page if they do not verify the review upon
( 1 ) The Court decided on actions against internet service providers over access to websites linking to copyright infringing material. The collecting rights society GEMA sought to enjoin Deutsche
( 1 ) This case concerns a dispute between the German copyright collecting society, GEMA, and the Swiss-based file-hosting service, RapidShare. GEMA sued RapidShare in Germany, alleging that over 4,800
The Court ruled that parents are not liable under parental responsibility laws for damages caused by their children using file sharing devices, if parents duly fulfill their supervisory duties. The
The Court ruled that whoever uses a Wi-Fi router and does not implement the safety standards against third party usage that are commonly accepted at the time the router is
In this case, RapidShare neglected to check whether certain files violating Atari's copyright over the computer game "Alone in the dark" were stored on its servers by other users. The
Even if there is no direct responsibility of intermediaries due to the privilege of § 10 TMG, intermediaries have a duty to prevent others from violating youth protection law and
Auction portals like eBay are neither direct infringer nor aider and abettor and hence generally does not bear tortious liability for infringing offers of its users. Obligation to remove offers
The Court confirmed its ambiente.de case holding that same applies even in case of re-registration of the infringing domain names.
A domain name authority is neither a direct infringer nor an aider and abettor and hence generally does not bear tortious liability for third party registrations that infringe trademarks rights
The Court to decide whether Google had to remove links to a web page which claimed to “expose” racists, i.e. the plaintiffs. The Court ordered Google to remove the links
These Regulations amend sections 40 and 205 of the Copyright and Related Rights Act 2000 to allow an application for an injunction against an intermediary regarding copyright infringement. They were
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
This Statutory Instrument implements the E-Commerce Directive (Directive 2000/31/EC) into Irish law. The Regulations include restrictions on liability, subject to certain conditions, regarding mere conduits, caching and hosting (Regs. 15-18).
The main Act dealing with Copyright in Ireland. The Act has been amended a number of times and most of the amendments are available here . Of particular relevance to
The Code governs the conduct of ISPAI's Members and may be amended from time to time by 75% majority vote of members of ISPAI. The Code mandates the development of
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
A settlement had been reached between record companies and a large ISP, Eircom, instituting a Graduated Response Protocol under which Eircom would issue copyright infringement notices to customers. The Data
( 1 ) The plaintiffs, Sony, Universal and Warner Music, sought an injunction to impose upon UPC Communications, the second largest Irish Internet access provider, an obligation to implement a
( 1 ) The Data Protection Act 1988 as amended prohibits transfers of personal data outside the state unless adequate privacy protections are in place. In 2000, the European Commission
The High Court ordered that Digital Rights Ireland (DRI) be added as amicus curiae in the proceedings, which will now proceed to the CJEU. DRI had stated that it would
Record companies successfully applied for an order against various ISPs blocking access to the Pirate Bay website, based on the amended s.40 of the Copyright and Related Rights Act 2000.
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.
Record companies sought orders ( 1 ) restraining UPC, an ISP, from making available to the public copies of sound recordings which breach copyright and ( 2 ) requiring UPC
This litigation concerned the validity of the data retention requirements imposed on ISPs and telephony providers. This case led to a decision by the CJEU (Grand Chamber) that the Data
Record companies had reached a settlement with a large ISP (Eircom) instituting a graduated response system. Charleton J. held that the settlement did not breach data protection laws as IP
According to website reports, it appears that the High Court ordered that UPC and Google reveal the name of an anonymous blogger who allegedly breached confidentiality on the Blogger website.
Record companies had reached a settlement with a large ISP (Eircom) instituting a graduated response system. The court ordered, on application by the record companies, that Eircom should block access
This was an action against the operators and moderator of an internet site and bulletin board set up to facilitate discussions by Ryanair pilots. Ryanair alleged that bullying and intimidation
Record companies requested Eircom, a large ISP, to provide identities of 17 customers who were allegedly infringing copyright. The High Court ordered that customers’ identities should be passed to the
providing that the President of the District Court ("Tribunal d'arrondissement") may issue an interim injunction, upon request of a person authorised to file an action for counterfeiting, against an intermediary
providing that the civil or criminal liability for any infringement committed by way of a media lies on the contributor, if known, or by default, on the editor, or by
providing that the judge may issue a cessation injunction against intermediaries whose services are used by third parties to infringe a copyright or a sui generis right on databases (
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
providing that the judge may issue a cessation injunction against the intermediaries whose services are used by third parties to infringe patents ( Article 80ter ).
Vesting the Italian Communication Authority (AGCOM) with new administrative copyright enforcement powers; copyright enforcement would be done through administrative procedures which would not target direct infringers but rather Internet Service
implementing Article 11 of the Enforcement Directive in the following terms: ( 1 ) amending Article 156 of the Italian Copyright Law as follows: "who has reason to fear the
( 1 ) including a new Article 68bis in the Italian Copyright law stating that "except as provided by the E-Commerce Directive regarding liability of intermediaries, acts of temporary reproduction
Implementing almost verbatim the eCommerce Directive and including mere conduit (Article 14), caching (Article 15), and hosting (Article 16) exemptions for intermediaries, together with the exclusion of a general obligation
Implementing the Data Protection Directive 95/46 into the “Personal Data Protection Code” or so-called “Privacy Code”. Instituting a “Personal Data Authority” (“Garante”) an administrative body responsible for: (Section 154 Data
Providing that ( 1 ) the acts of temporary reproduction devoid of economic significance which are transient or incidental and an integral and essential part of a technological process and
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
Upholding the Milan Court of Appeal’s judgment and concluding a long dispute between the no-profit association Vividown and Google. ( 1 ) Vividown brought a lawsuit against Google because it
Endorsing a principle upon which the judiciary is entrusted with the power of ordering the intermediaries to provide a material aid to prevent further copyright infringement by blocking access to
( 1 ) Coolstreaming and Calciolibero facilitated access to soccer games, which were originally streamed by a Chinese broadcaster, by providing online information and links allowing viewers to connect directly
The Court of Appeal reversed an earlier decision (see below). The appelate decision clarified that RTI had the obligation to indicate in a "detailed, precise and specific manner" the videos
( 1 ) The Court of Rome found TMFT Enterprises LLC- Break Media ("Break Media") liable for copyright infringement for the unauthorized streaming of audiovisual content to which Reti Televisive
( 1 ) The associations for the defense of freedom of information as well as those representing web-tv, micro web-tv, micromedia hyperlocal, blogs and video blogs, information portals, aggregators and
( 1 ) The Tribunal of Rome ordered Internet Service Providers to block access in Italy to the ip addresses of 24 websites hosting copyrighted content without the rightsholders’ consent.
Reversing en banc a previous judgment of the same Tribunal of May 5, 2014 (see below). This time, the Court accepted Delta TV’s request for interim injunction against Google and
Rejecting Delta TV’s request for interim injunction against YouTube for copyright infringement on certain South American soap operas which had been uploaded by YouTube users. Delta TV sued Google and
Ordering Internet Service Providers to block access within Italy to all present and future IP numbers associated with the Rojadirecta domain names, a website linking to football games streamed online
Ruling that by providing links to streaming services, an Italian news website had infringed on copyrights owned by a major Italian media company in relation to the broadcasting of football
Ordering Internet Service Providers to block access to 10 websites streaming football games without authorization upon a claim of the main Italian private broadcaster (RTI-Mediaset), since the unlawful streaming infringed
At the request of Italy’s largest publishing company, Mondadori, the court ordered all Italian Internet Service Providers to block access within the Italian terriory to Avaxhome.ws, a popular website featuring
The Court of Milan found Yahoo! liable for copyright infringement. Infringement supposedly occurred with the publication of fragments of television programs through the now deceased Yahoo! Video service. The Court
Concluding that Rojadirecta “consciously and willfully” aided and abetted the infringement of the right to broadcasting sporting events because the links, which may in itself be legit, were integrated in
The claimant asked the newspaper to remove the message herself posted on the board. She claimed she was not aware of the public nature of the board and she deemed
The claimant requested to force Facebook to remove of a “tag” from a Facebook photo able to identify her and her sexual orientation. The Garante rejected the complaint because the
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
The Regulation requires all internet service providers who offer access to internet at public places to install mandatory filtering measures approved by the Information Society Development Committee under the Ministry
( 1 ) The Regulation provides for detailed procedure and steps to be followed by service providers in dealing with take down requests against illegal content. ( 2 ) The
The law implements the Ecommerce Directive 2000/31/EC transposing the provisions on liability of intermediaries (mere conduit, caching and hosting) ( Articles 12 to 14 ) almost identically to the directive
The law implements the Directive 2001/29/EC on the harmonisation of certain aspects of copyright and related rights in the information society. ( 1 ) Article 78 of the law provides
( 1 ) The court explained that claim against an information society service provider for removal of illegal information can be made regardless of whether he is a passive intermediary
( 1 ) In both cases, the claimant asked the court to find the communication service providers (cable network companies) liable for copyright infringement committed by its users, who downloaded
The court decided that in cases when hosting service provider after receiving a take down request is not able to contact the user, who posted the content, the legal consequences
Article 26d of the Dutch Copyright Act contains a rule that allows courts to subject an intermediary to an injunction without the intermediary having to commit a tort. The article
This law implemented the E-Commerce Directive into Dutch law, including an almost verbatim implementation of the limitations on liability of Articles 12 to 14 of the Directive. It added a
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
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
The Dutch government, businesses and interest groups created a code of conduct on 'notice and takedown.' The code contains a procedure to deal with requests to take down content. Endorsement
The Court of Appeals stroke through the decision of the District Court of Den Haag, which held that Internet access providers Ziggo and XS4ALL had to block access to the
The case is about leaked nude photographs of Dutch television-personality Britt Dekker that had yet to appear in Playboy magazine. An unknown person had stored the photographs online with Filefactory’s
Online marketplace Marktplaats is covered by the hosting safe harbor provision in Article 6:196c(4) of the Dutch Civil Code with regard to copyright infringing advertisements. The Court of Appeals held
The website operator in question had created a website that listed, verified and categorized hash codes that could be used to download copyright protected works on the e-Donkey peer-to-peer file
This case is about the liability of an operator of a search engine that offered information on houses for sale. The search engine provided deep links into the websites of
This case deals with the liability of an operator of a search engine for MP3-files stored on other locations on the Internet. The Court of Appeals held the search engine
KaZaA offered peer-to-peer file sharing software that could be used to share all kinds of computer files, including music files. The KaZaA-network was a decentralized network that made use of
( 1 ) The Amsterdam District Court ruled that Facebook has a duty to identify a person who has uploaded a revenge porn video on its social network. ( 2
This case deals with the liability of the operator of video hosting platform 123video.nl, which stored, converted and categorized videos uploaded by its users. The videos in question were of
This case dealt with the liability of a website operator that stored and made available torrent-files on his website. The District Court held that the storing of torrent-files is not
This Act implemented the EU Electronic Commerce Directive 2000/31/EC, introducing intermediary liability for unlawful content. Following the Directive it differentiates between mere conduit, catching and hosting, introducing no obligation to
( 1 ) Definitions . According to Article 7 para 2 pt 2 of the Press Law Act press is defined as “any and all existing and emerging in the
The proposed amendments will introduce a comprehensive notice-and-takedown procedure for service providers. The amendments will include modernization and supplementing the provisions of the Act specifying the conditions to be met
The Polish Supreme Court found that the "deliberations that, according to the law, publishing press in electronic form does not require registration are wrong and contrary to entrenched doctrine." Therefore,
Cracow Appellate Court, reversing the decision of the County Court of First Instance in Tarnów, found that a blogger is not obliged to monitor comments added by guests to the
( 1 ) Transposes into national law Directive 2000/31/EC of the European Parliament and of the Council of June 8, 2000 on certain legal aspects of information society services, in
This law covers the legal protection of intellectual creations in the literary sphere and artistic works. It transposed into Portuguese legislation EU Directive n.º 2004/28/EC of 29 April 2004 .
This administrative resolution ordered a host provider to remove the incriminated website from the network. The decision also required all network content aggregation providers (permitting a direct or indirect access
This administrative resolution also imposed on host providers and service providers associated with content an obligation to block access to a website that infringed copyright. This resolution, which is not
( 1 ) This law regulates inter alia the freedom to gather, publish and receive information, freedom to form and express ideas and opinions, as well as freedom of sharing
( 2 ) Article 2, par, 1.5. defines that producer of an advertising message as a a legal entity, which has been registered for planning advertising activities, creating or producing
( 1 ) This Law regulates the regulates the conditions and manner of information society services, obligations to inform service users, commercial messages, rules relating to the conclusion of the
Article 48 states that any person shall have the right to make a temporary reproduction of a work of authorship without the author’s permission and without paying any remuneration, under
Provisions of this law are relevant in terms of civil liability of intermediaries for damages caused by breaching contractual and extra-contractual obligations provided by the law.
In this case Court decided that in order to prevent further violation of personal rights, court can order the removal from an internet portal of a text which harms honor
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
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.
The Court rejected a delictual cease and desist claim against the domain authority arguing that it is not liable for registrations carried out by the third parties. The court does
The Court denied liability of the discussion forum provider for libelous comments of unknown users. The provider was sued without previous notice and takedown request. Although the first instance Court
Article 203 of the Electronic Communications Act (Zakon o elektronskih komunikacijah, hereinafter ZEKom-1) obliges internet network operators and internet access providers to refrain from any interference that would limit, retain
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
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
( 1 ) The Ministry of Culture released a new Draft Law on Amending and Supplementing the Media Act, which states that in order to regulate hate speech – especially
The Court upheld the decision of the court of first instance which imposed liability on the operator of a discussion forum for failing to remove defamatory statements, written by its
( 1 ) The Court confirmed the decision of the court of first instance which held that a blogger (a well know musician) and the blog portal operator (which was
( 1 ) The Court upheld an interim injunction issued against an hosting provider running a web forum where the primary defendant posted the statements tarnishing the reputation of a
( 1 ) The Court upheld a decision to impose joint and several liability on a blog portal operator, who was acting as a host provider, despite the fact that
( 1 ) widening the definition of copyright criminal offense so as to include any act of exploitation, and no longer limited to acts of reproduction, plagiarism, distribution and communication
( 1 ) implementing the InfoSoc Directive (2001/29) mandatory exception for temporary acts of reproduction which are transient or incidental, have no independent economic significance, and are an integral and
providing that ISP could be obliged in some situations to reveal the identity of a subscriber who allegedly engages in copyright infringement (art. 256).
instituting an administrative body - the Second Section of the Copyright Commission - in charge of issuing orders against information society services hosting copyright infringing materials (Article 43, introducing Article
implementing the liability limitations set forth in the eCommerce Directive; exemptions for mere conduit (art. 14) and caching (art. 15) are implemented almost verbatim; the hosting safe harbor provision (art.
The Law No. 2/2011 amended the Spanish Copyright Act to create an administrative body – the Second Section of the Intellectual Property Commission – which orders injunctions against information society
holding Google and its CEO are not liable for the search engine’s links to pieces of news containing false accusations against an individual; defendants are shielded from liability by Art.
holding a company running a digital newspaper liable for defamatory comments posted on its website by its users; the defendant should have taken more precautions and exert more control on
holding a blogger not liable for one of his posts and for the comments posted by users; the court found that both the blogger’s post – which linked to allegedly
dismissing a copyright infringement claim brought by a website owner against Google; the Court of Appeals held that while Google’s acts of reproducing and making available a cached copy of
holding the owner of an internet forum liable for defamatory remarks posted by users against the Spanish pop singer Ramoncín; the court considered that the owner of the forum did
holding the owner of an internet forum not liable for its users’ defamatory messages; the website owner complied with the hosting exemption’s requirements to be free from liability as it
holding the defendant liable for hosting a third party gripe site and awarding 36,000 Euros in damages to plaintiffs; the defendant could not benefit from the hosting exemption as it
( 1 ) The Criminal Court of Appeal of Castellón upheld a previous decision charging the webmaster of the website Bajatetodo.com with a eighteen-month prison term under Article 270 of
holding YouTube not liable for copyright infringement; the plaintiff had not properly identified the allegedly infringing videos; YouTube met the conditions required by the hosting safe harbor and thus was
ordering an ISP to suspend, immediately and for good, the Internet connection of a user who engaged in copyright infringing file-sharing.
finding that a website offering links to copyright infringing content located somewhere else on the Internet does not satisfy either acts of reproduction or acts of communication to the public
holding the owners of a website devoted to politics liable on account of some defamatory comments posted by users.
holding the owner of a website not liable for defamatory comments posted by one user; the defendant qualified for the hosting safe harbor and thus was exempted from liability.
holding Yahoo! not liable for comments posted on a chat room hosted by Yahoo!; the defendant qualified for the hosting safe harbor as it duly removed the contents once notified
holding the owner of an internet forum not liable for defamatory comments posted by users; the defendant was qualified for the hosting safe harbor and thus was exempted from liability.
dismissing a criminal claim against the owner of a website that provides links to copyright infringing content; the court held that linking to content hosted somewhere else does not amount
holding the owner of an internet forum not liable for defamatory comments posted by users; the defendant qualified for the hosting safe harbor and thus was exempted from liability.
holding the owner of an internet forum not liable for defamatory comments posted by users; however, the defendant was enjoined from publishing similar comments in the future.
holding the owner of the satirical wiki, Frikipedia, liable for some defamatory remarks on the entry about SGAE; the court held the hosting safe harbor did not apply.
holding a blog owner guilty on account of defamatory comments sent by unidentified readers; the court of appeals held that the hosting safe harbor did not apply.
holding the owner of an internet forum liable for defamatory comments posted by users.
holding a hosting provider not liable for hosting a website where some defamatory comments were posted; the defendant qualified for the hosting safe harbor and thus was exempted from liability.
finding a website operator guilty of a criminal copyright infringement; the court found that a website providing links to infringing content hosted in P2P networks engaged in a communication to
holding YouTube not liable for copyright infringement; the plaintiff had not properly identified the allegedly infringing videos; YouTube met the conditions required by the hosting safe harbor and thus was
Act incorporating the E-Commerce Directive into Swedish law. See in particular Sections 16-19.
Consider in particular Section 57 b.
The matter related to whether the failure to remove certain content could result in criminal liability. The Court concluded that it had not been obvious that the content was illegal
The owner of a BBS had dealt with at least 1000 copyright protected software products, amongst other things making the software products available to 300 paying subscribers. The matter related
The matter related to whether the owner of a BBS could be liable for copyright infringements committed via the BBS. The key issue regarded what parts of that party’s technical
( 1 ) Importantly this case tested the scope of the protection afforded to intermediaries under the E-Commerce Directive as implemented into Swedish law. The Court concluded that, due to
Articles 173 et seq. – Offence against personal honor; Article 259 – Public incitement to commit a felony or act of violence; Article 261bis – Racial discrimination; Article 25 –
Articles 28 et seq. – Protection of legal personality against infringements
Articles 41 et seq. – Obligations in torts; Article 50 – Multiple liable parties
Article 62 – Civil actions (including references to the Swiss Code of Obligations); Articles 67 et seq. – Criminal provisions
Article 55 – Civil actions (including references to the Swiss Code of Obligations); Articles 61 et seq. – Criminal provisions
Article 9 et seq. – Civil actions (including references to the Swiss Code of Obligations); Articles 23 et seq. – Criminal provisions
Between 2001 and 2008, the federal government examined the opportunity to propose new rules governing the criminal liability of ISPs. However, it came to the conclusion that the current regulatory
AGUR 12 is a working group created in 2012 by the Federal Councillor Simonetta Sommaruga, Head of the Swiss Federal Department of Justice and Police, and under the supervision of
In the so-called Tribune de Genève case, the Swiss Supreme Court held that a newspaper is civilly liable (Article 28 of the Swiss civil code) when it hosts on its
Corte Suprema [Supreme Court], Civil, R.522.XLIX.
This landmark case addressed the liability of search engines for linking in search results to third-party content that violates fundamental rights or infringes copyright. Because Argentina had no intermediary liability
This law defines a network as a group of connections that conducts symbols, texts and information among others and information and communication technologies as a collection of tools, resources, informatics
This is a Community legislation covering Colombia, Ecuador, Peru and Bolivia. This decision gives protection to intellectual works. Article 3 defines “distribution to the public”, “divulgation”, “retransmission” as making the
Gives protection to intellectual creations. Article 5 defines "publication" as communication to the public by any form or system.
This decree extends the copyright protection and liabilities to any reproduction of information through computers.
Providing the right of the author to benefit from the production of any revenue.
This decree establishes the protection of rights of the users, including the right of privacy and personal data. It declares national priority on the promotion and use of information and
Article 5, items IX, X and XII
When the underlying relation does not regard consumer law (see below), the applicable law regarding civil intermediary liability is the Civil Code. This legislation institutes the core principles and provisions
Articles 36, 36-A, 41 §2, 43, 57-A, 57-B, 57-C, 57-D, 57-E, 57-F and 57-I
Articles 3, 14, 17 and 43, §2 The Consumer Protection and Defense Code, which application should prevail over the Civil Code by virtue of the principle of lex specialis, defines
The crime described in Article 241-A specifies as crime the activity of legal guardians of Internet Service Providers regarding pornography involving children or adolescents, but conditions liability to failure of
Article138, 139, 140, 154-A and 359 The Article 184 of the Criminal Code regards violation of copyright, which constitutes as crime making available to the public copyrighted work, by electronic
Acordo de Cooperação Técnica nº 03/2015
By this agreement, signed between the Human Rights Secretary and the Brazilian Association of Internet (ABRANET), a non-profit organization that supports the development of the Internet in Brazil. On the
The Court ruled that content providers cannot be held liable for copyright violations committed by third parties in a case regarding whether the social networking site Orkut was responsible for
Decision held that the ISP is liable for not acting to takedown all copies of a video (parodying a commercial of the motorbike company Dafra) that was uploaded several times
Decision held that Twitter Posts (Tweets) are not to be interpreted as anticipated electoral propaganda, even if the tweets contain electoral content or political opinion (according to Federal Law no.
Civil and Consumer law. Internet. Consumer relations. Applicability of the Consumer Protection and Defense Code. Irrelevance of gratuity of service. Internet Content Provider. Lack of duty of prior fiscalization of
The Plaintiff requested the removal of a publication available on the defendant’s websites informing about him being kidnapped in 1990. This old piece of information was only recently republished. The
The Plaintiff requested the suppression of information available on a legal website regarding a labor suit he filed. The website was listed on Google search. The Plaintiff alleged that the
The Plaintiff sought the delisting of search engines results mentioning his name as one involved with tax crimes committed by a mafia organization. As the Plaintiff did not present any
The Plaintiff requested Google to remove search results mentioning her earlier criminal conviction. The judge upheld the inviolability of private life and the right to be forgotten, noting that there
The Plaintiff sought the delisting of her artistic name “Meg Mellilo” from the Google search results. The judge stated that the right to be forgotten was not applicable, since the
The Plaintiff was the defendant in a criminal proceeding, in which he was found not guilty. The Plaintiff requested the delisting of this episode from Google search results. The judge
In general, this law tackles intermediary non-interference from the perspective of users by adding to the general rules within the General Telecommunications Act (Law Nº 18.168) new rules for internet
Chile is partecipating in the negotiation of an international agreement including a section on Internet service provider liability, with countries lining up either in favour of a general notification obligation
The FTA agreement between Colombia and US was approved by Colombia and incorporated into the local legislation through Law 1143/2007. However, the implementation of the law (and therefore the implementation
This FTA has miscellaneous rules concerning IP Rights and ISP Liability, which resemble closely to the US DMCA provisions. However, the internal legislative proposals implementing the FTA and related intermediary
Providers, servers, administrators and users of global information networks are prohibited to host on their own site: images, texts, documents or audiovisual files that direct or indirectly implicate sexual activities
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
Due to the fact that there is not special law concerning liability of intermediaries on the Internet, the general provisions established in the Civil Code apply to liability of intermediaries.
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,
This bill was passed in 2011 before the Senate to implement the FTA between Colombia and USA. However, the bill was archived few months later, when it was evident that
A newspaper published information regarding an allegedly sexually abused minor. The published information, which leaked from governmental institutions, almost revealed the minor's identity completely. The Court confirmed that, by making
Court ruled a writ of amparo (“acción de tutela”) regarding the request of a citizen of eliminating an old newspaper article that connected him to a criminal organization and a
( 1 ) This FTA has miscellaneous rules concerning IP Rights and ISP Liability, which resemble closely to the US DMCA provisions. However, the national implementation of intermediate liability rules
providing that ( 1 ) no authority or private party may authorise the use of a copyrighted work or any other work protected under Copyright Law or assist in its
This decision does not specifically establish provisions regarding intermediary liability on the Internet. However, Article 54 may find application in this context, where it states that “No authority or person,
establishing that: ( 1 ) anyone who through his fault or negligence causes damage to another is obliged to repair the damage (article 1969); ( 2 ) that liability may
Peru is participating in the negotiation of an international agreement including a section on Internet service provider liability, with countries lining up either in favour of a general notification obligation
In December 2010, the National Assembly of Venezuela adopted a reform of the Law of Social Responsibility in Radio and Television, extending regulation to online and electronic media. ( 1
The National Telecommunications Commission (Conatel) ordered the blocking of Infobae website which operates in Argentina, arguing the dissemination of images of deputy Robert Serra who was murdered on October the
In March 2014, Conatel demanded that the ISPs block websites that illegally trade wildlife, basing this demand on a decision made by a court in Caracas. In spite of the
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
Part VIII ( §§35-41 ) of the Electronic Transactions Act deals with the issue of ‘Liability of Intermediaries and Service Providers’. The statutory provisions generally employ a ‘mere conduit’ approach,
Part III ( §§19 -21 ) of the Electronic Communications and Transactions Act deals with ‘Intermediaries and E-Commerce Service Providers’. The statutory provisions generally employ a ‘mere conduit’ approach, and
Part VII ( §§23-24 ) of the Electronic Transactions Act deals with the issue of ‘Intermediaries’. The statutory provisions generally employ a ‘mere conduit’ approach, and do not require intermediaries
This Bill is meant to presumably replace the 2008 Act. Part VIII ( Clauses 33-35 ) of the Bill deals with Intermediary Liability, and contains more expansive provisions than the
§§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.
§§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
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
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
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
( 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
The Supreme Council of Cyberspace (SCC) was established by the order of Iranian Supreme Leader Ayatollah Ali Khamenei. As stated in the SCC's charter , the body is tasked with
This act does not deal specifically with Intermediary Liability but it could be used in certain cases to claim unjust enrichment by the intermediary by the infringing act. Section 1
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
This is the first case which introduced the doctrine of Contributory Liability into the patent system in Israel, taking inspiration from the Contributory Liability found in the US Patent Act.
In early April 2014, Charlton Ltd. filed a lawsuit in the Tel-Aviv district court against three major Israeli ISPs. Charlton is arguing that the ISPs have contributory liability with regard
The district court in Tel-Aviv ruled that the notice and take down procedure does not have a legal standing in Israel, therefore, the argument that the website should have operated
Influenced by the Supreme Court’s decision Hebrew University vs. Schocken , the district court in Tel-Aviv. The case involved a website which posted Links to copyrighted works which were posted
The Supreme Court of India recognized in August, 24, 2017, that privacy is a fundamental right guaranteed within article 21 of India's Constitution, that protects life and personal liberty. The
First instance judges ordered the suspension of the instant messaging service WhatsApp in four different cases in Brazil, leading to an effective block in three cases. The suspensions (blocking orders
This case refers to the geographical scope of delistings in "right to be forgotten" ( droit au déréférencement ) requests. Google filed a complaint on the Conseil d'Etat against the
With this decision, the Conseil d'Etat refers to the ECJ questions about the implementation of the "right to be forgotten", based on four requests refused by Google, brought to 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
This Article is a comprehension of the lecture held at at the International Conference on “Commons, Users, Service Providers – Internet (Self-) Regulation and Copyright” which took place in Hannover,
Angelopoulos, Christina, Beyond the Safe Harbours: Harmonising Substantive Intermediary Liability for Copyright Infringement in Europe (November 28, 2013). Intellectual Property Quarterly, 2013-3, p. 253-274.; Amsterdam Law School Research Paper No.
Report with recommendations to tackle cyberbulling prepared by the Joint Committee on Transport and Communications
See the full abstract and download the article at JIPITEC website. This article presents the situation of Spanish case law on ISP liability in 2010.
Article examining how the so-called right to be forgotten is being applied in Spain.
See the full abstract and download the article at JIPITEC website. Article examining an important ruling in favour of the Google search engine: the case Sentencia n.172/2012, of 3 April
Book on the correlation of Intellectual Property Rights and Development
Research/Policy paper about content regulation and censorship in Turkey. The paper analyses different legislation, blocking orders issued agains service providers presents recommendations.
Article providing an overview of internet censorship in Turkey and analysing blocking orders issued by local administrative regulator.
Paper discussing search engine liability in general and in a Turkish perspective
Book chapter by Andrew Rens
"In South Africa, Internet service providers (ISPs) that host information are granted immunity against claims for hosting information, but only on condition that the service provider remove information on receipt
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.
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
A Belgian solution to the problem of counterfeiting
Thee three main Belgian ISPs Proximus, Telenet and VOO are joining with right holders and are now blocking 33 websites and 450 domains on copyright grounds. People who are now
Paypal has voluntarily blocked a number of Canadian Virtual Private Network (VPN) services from using its payment intermediary mechanisms, citing copyright infringement and the payment intermediary's acceptable use policy. The
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