Earlier in July 2023, a blog post by Jacob van de Kerkhof discussed the shortcomings of the recent Grand Chamber judgment in Sanchez v. France, in which the Court expanded its intermediary liability rules for hate speech posted by third parties to individual users of social media platforms. Continue reading
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Tag: Intermediary Liability (Page 1 of 3)
Self-confident people are usually not too concerned about what other people post on their social media pages. But they should be. On 15 May 2023, the Grand Chamber of the European Court of Human Rights (‘ECtHR’ or ‘the Court’) released its judgment in the case of Sanchez v France, following an earlier Chamber decision which found no violation of Article 10 of the European Convention on Human Rights (ECHR). In a lengthy decision, the Grand Chamber explored the limits of freedom of expression in the context of hate speech in an election-related setting and intermediary liability for actors on the internet. Continue reading
The UK having now cut its direct ties with EU law, what does its future hold for the intermediary liability protections in Articles 12 to 15 of the Electronic Commerce Directive? Continue reading
Policymakers in Europe and around the world are currently pursuing two reasonable-sounding goals for platform regulation. First, they want platforms to abide by a “duty of care,” going beyond today’s notice-and-takedown based legal models to more proactively weed out illegal content posted by users. Continue reading
The Cambridge University Centre for Intellectual Property and Information Law is holding its Spring Conference on the subject of “Intermediary Liability and Responsibility” on Saturday 10 March 2017. Continue reading
While the scope of intermediary liability exemptions is being discussed in several places around Europe (and beyond), it is interesting to go back to the Overblog legal saga, which a few years ago had been described by some as pre-announcing other popular sagas, such as the infamous Google Spain case (discussed in a previous post here). Continue reading
A lot has been written on the topic of intermediary liability in the past few months. But has everything been said or read? And looking at the different pieces of the regulatory jigsaw together, are we heading in the right direction? Continue reading
How might policy-makers address demands for removal or policing of Internet content? Starting in the spring of 2016, a suite of proposals has emerged from the European Commission regarding Internet intermediaries and liability for content. Continue reading
The liability of internet intermediaries for defamatory posts on their platforms was central to the decision of Binchy J in Muwema v Facebook Ireland Ltd [2016] IEHC 519 (23 August 2016). A Ugandan lawyer objected to allegedly defamatory posts on a pseudonymous Facebook account, and Binchy J gave an order requiring Facebook to identify the account-holder. Continue reading
In debates concerning Internet intermediary liability, an often-expressed view is that intermediaries (such as Facebook and Google) shouldn’t be turned into adjudicators, who reason and decide about the legal or illegal nature of content they host, and thus about whether or not to take such content down. But is that a plausible view? Continue reading
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