Data Protection and Intermediary liability: how do the French do it? – Sophie Stalla-Bourdillon

24 04 2017

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). Read the rest of this entry »





The GDPR, the proposed Copyright Directive and intermediary liability: one more time! – Sophie Stalla-Bourdillon

16 03 2017

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? Read the rest of this entry »





Liability and responsibility: new challenges for Internet intermediaries – Monica Horten

23 10 2016

monica_horten_iptegrity-e1456405754866How 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. Read the rest of this entry »





Ireland: Internet defamation and the liability of intermediaries (Muwema v Facebook Part 1) – Eoin O’Dell

28 09 2016

uganda-facebook-ireland-300x284The 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. Read the rest of this entry »





Responsible Communication by Internet Intermediaries – Marcelo Thompson

2 08 2016

Marcelo-Thompson-illustration-5-300x198In 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? Read the rest of this entry »





Policy Debates over EU Platform Liability Laws: New Human Rights Case Law in the Real World – Daphne Keller

24 04 2016

European-Court-of-Human-RightsThis 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. Read the rest of this entry »





Litigating Platform Liability in Europe: New Human Rights Case Law in the Real World – Daphne Keller

22 04 2016

internetThis 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. Read the rest of this entry »