The Center for Internet and Society at Stanford Law School is a leader in the study of the law and policy around the Internet and other emerging technologies.
Whether and when communications platforms like Google, Twitter and Facebook are liable for their users’ online activities is one of the key factors that affects innovation and free speech. Most creative expression today takes place over communications networks owned by private companies. Governments around the world increasingly press intermediaries to block their users’ undesirable online content in order to suppress dissent, hate speech, privacy violations and the like. One form of pressure is to make communications intermediaries legally responsible for what their users do and say. Liability regimes that put platform companies at legal risk for users’ online activity are a form of censorship-by-proxy, and thereby imperil both free expression and innovation, even as governments seek to resolve very real policy problems.
In the United States, the core doctrines of section 230 of the Communications Decency Act and section 512 of the Digital Millennium Copyright Act have allowed these online intermediary platforms user generated content to flourish. But, immunities and safe harbors for intermediaries are under threat in the U.S. and globally as governments seek to deputize intermediaries to assist in law enforcement.
To contribute to this important policy debate, CIS studies international approaches to intermediary obligations concerning users’ copyright infringement, defamation, hate speech or other vicarious liabilities, immunities, or safe harbors; publishes a repository of information on international liability regimes and works with global platforms and free expression groups to advocate for policies that will protect innovation, freedom of expression, privacy and other user rights.
A few days ago, France joined the list of countries blocking access to The Pirate Bay. 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 sites and mirror sites.”
Recently, 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 materials from its platform. However, the Court stated that DailyMotion enjoys limitation of liability as a hosting provider and is not required to proactively monitor users' infringing activities.
On November 26, 2014, the European data protection authorities (DPAs) assembled in the Article 29 Working Party (WP29) adopted guidelines on the implementation of the judgment of the European Court of Justice (ECJ) on the right to be forgotten. These guidelines contain the common interpretation of the ECJ’s ruling. They also include the common criteria to be used by the national DPAs when addressing complaints. Read more about EU Data Protection Authority Adopts Guidelines on the Implementation of the Right to be Forgotten