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 International Forum for Responsible Media Blog
Tag: Intermediary Liability (Page 1 of 2)
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
This is the last of four posts on the European Court of Human Rights’ (ECHR) rulings in Delfi v. Estonia and MTE v. Hungary. In both cases, national courts held online news portals liable for comments posted by their users – even though the platforms did not know about the comments. Those rulings effectively required platforms to monitor and delete users’ online expression in order to avoid liability. Continue reading
Litigating Platform Liability in Europe: New Human Rights Case Law in the Real World – Daphne Keller
This is the third of four posts on the European Court of Human Rights’ (ECHR) rulings in Delfi v. Estonia and MTE v. Hungary. In both cases, national courts held online news portals liable for comments posted by their users – even though the platforms did not know about them. Continue reading
This is the second of four posts on real-world consequences of the European Court of Human Rights’ (ECHR) rulings in Delfi v. Estonia and MTE v. Hungary. Both cases arose from national court rulings that effectively required online news portals to monitor users’ speech in comment forums. Continue reading
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