Online intermediary liability

The Global Network of Internet and Society Research Centers (NoC) and the Berkman Center for Internet & Society at Harvard University are pleased to announce the release of a new report, which examines the rapidly changing landscape of online intermediary liability at the intersection of law, technology, norms, and markets, and is aimed at informing and improving Internet policy-making globally. There are various pros and cons of extending liability of copyright infringement to intermediaries. An important point to consider is that there is a difference between online services which provide the transmission of data and services providing the content. In the latter, intermediaries are held liable because they actively participate. Generally speaking, the liability regime seems to provide a balanced solution that prevents online intermediaries from being held liable without knowledge of the existence of the illegal or infringing content, while at the same time properly protecting potentially aggrieved parties.

16 Aug 2019 Rethinking the intermediary liability regime in India placed, it would nevertheless be correct to say that online intermediaries are under more  What is the economic impact of safe harbours on Internet intermediary start-ups? Internet intermediaries facilitate the free flow of information online by assisting  a button, an internet-connected entrepreneur can now sell products and services across borders. TISA Should Address Intermediary Liability. Protections – A  15 Apr 2019 As the internet and intermediaries become more important in modern society, a growing number topics could qualify as related to the liability (or 

There is also no comparable authorisation-type liability that could be made use of under trade mark law, authorisation being a concept familiar to the copyright domain. Holding online hosts liable as joint tortfeasors, or under the provisions of the Australian Consumer Law (formerly,

We are focusing initially on the BRIC countries (Brazil, Russia, India, China) and Thailand—all newly advanced economies where UW maintains close ties—because of their strategic importance to the unfolding intermediary liability landscape. UW Personnel The Global Network of Internet and Society Research Centers (NoC) and the Berkman Center for Internet & Society at Harvard University are pleased to announce the release of a new report, which examines the rapidly changing landscape of online intermediary liability at the intersection of law, technology, norms, and markets, and is aimed at informing and improving Internet policy-making globally. There are various pros and cons of extending liability of copyright infringement to intermediaries. An important point to consider is that there is a difference between online services which provide the transmission of data and services providing the content. In the latter, intermediaries are held liable because they actively participate. Generally speaking, the liability regime seems to provide a balanced solution that prevents online intermediaries from being held liable without knowledge of the existence of the illegal or infringing content, while at the same time properly protecting potentially aggrieved parties. Internet intermediary refers to a company that facilitates the use of the Internet. Such companies include internet service providers (ISPs), search engines and social media platforms. Intermediary liability is perhaps the thorniest of issues in Internet defamation and will be the focus of this paper. It will compare the position in other common law jurisdictions and conclude with a re-examination of how the publication rule should apply to intermediary liability in Singapore,

This is not the first decision on intermediary liability in India, but is the first to go into the nuances of such liability for online marketplaces. It will certainly go down as a landmark decision in the country, and will have considerable business implications for a space that is increasingly online.

Daphne Keller was the Director of Intermediary Liability at Stanford's Center for Internet and Society. Her work focuses on platform regulation and Internet users' rights. Read more about Daphne Keller Intermediary liability occurs where governments or private litigants can hold technological intermediaries such as ISP s and websites liable for unlawful or harmful content created by users of those services. Intermediary liability can occur in a vast array of circumstances, around a multitude of issues including: copyright infringements, digital piracy, trademark disputes, network management, spamming and phishing, “cybercrime”, defamation, hate speech, child pornography, “illegal This is not the first decision on intermediary liability in India, but is the first to go into the nuances of such liability for online marketplaces. It will certainly go down as a landmark decision in the country, and will have considerable business implications for a space that is increasingly online.

1 Mar 2018 Pappalardo, Kylie & Suzor, Nicolas (2018) The liability of Australian online intermediaries. The Sydney Law Review, 40(4), pp. 469-498.

14 Dec 2017 In this context, online intermediaries' governance would move away from a well- established utilitarian approach and towards a moral approach  4 Feb 2020 The Commission considers that online intermediaries can put in place proactive measures without losing the liability exemption under the  This paper examines various national approaches to the regulation of online content. Its particular focus is on the treatment and liability of the intermediary  By Ashnah Kalemera | A Tanzanian court has acquitted the founders of popular online discussion platform Jamii Forums, who were charged over failure to 

21 Obergfell and Thamer, “(Non-)regulation of online platforms and internet intermediaries,” page 436. 22 OHCHR. “Report on the promotion and protection of the 

Intermediary liability occurs where governments or private litigants can hold technological intermediaries such as ISP s and websites liable for unlawful or harmful content created by users of those services. Intermediary liability can occur in a vast array of circumstances, around a multitude of issues including: copyright infringements, digital piracy, trademark disputes, network management, spamming and phishing, “cybercrime”, defamation, hate speech, child pornography, “illegal This is not the first decision on intermediary liability in India, but is the first to go into the nuances of such liability for online marketplaces. It will certainly go down as a landmark decision in the country, and will have considerable business implications for a space that is increasingly online.

There are various pros and cons of extending liability of copyright infringement to intermediaries. An important point to consider is that there is a difference between online services which provide the transmission of data and services providing the content. In the latter, intermediaries are held liable because they actively participate. Generally speaking, the liability regime seems to provide a balanced solution that prevents online intermediaries from being held liable without knowledge of the existence of the illegal or infringing content, while at the same time properly protecting potentially aggrieved parties. Internet intermediary refers to a company that facilitates the use of the Internet. Such companies include internet service providers (ISPs), search engines and social media platforms. Intermediary liability is perhaps the thorniest of issues in Internet defamation and will be the focus of this paper. It will compare the position in other common law jurisdictions and conclude with a re-examination of how the publication rule should apply to intermediary liability in Singapore,