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 recent decision of the European Court of Human Rights (ECHR) may expand considerably web portals’ liability for hosting users’ comments. In Delfi AS v. Estonia, the ECHR has found Delfi, one of the largest news portals on the Internet in Estonia, liable for anonymous defamation. Read more about The European Court of Human Rights Holds Delfi.ee Liable for Anonymous Defamation
The Nexa Center for Internet and Society, an interdisciplinary research center based at the Polytechnic of Turin, has recently published its observations on the Italian Communication Authority’s (AGCOM) regulatory proposal regarding online copyright enforcement. Read more about The NEXA Center Responds to the Italian Communication Authority Proposal on Online Copyright Enforcement
On October 2, 2013, Judge Bonvicino of the Civil Court of São Paulo granted an injunction to shut down Facebook in Brazil if a discussion is not removed. The allegedly defamatory post regarded some trivial quarrel between a well-known TV presenter and her neighbor, apparently over the TV presenter’s dog trespassing into the neighboring property. Read more about A Brazilian Judge Orders Facebook off Air if It Fails to Remove a Defamatory Discussion