The European Commission has now published its conclusions from the consultation on platforms it carried our earlier this year. This included notice-and-takedown: an issue we've been working on for many years.
As its title suggests, the Commission's public consultation on the regulatory environment for platforms, online intermediaries, data and cloud computing and the collaborative economy covers a lot of different areas. One of these is the rules for on-line intermediaries: at present networks, caches and hosts that carry third party content.
The European Commission have recently announced a consultation into online platforms. Last month the House of Lords EU Internal Market Sub-committee invited submissions of evidence to inform the UK's response.
In Ancient Greece the oracle at Delphi was notorious for speaking in riddles. The European Human Rights Court’s judgement in Delfi v Estonia is similarly puzzling.
In discussions of the "Right to be Forgotten" it is often observed that Google manages each month to deal with tens of millions of delisting requests for breach of copyright, as opposed to tens of thousands for inaccurate personal data. Often the implication seems to be that those numbers should be more similar.
Next month I'll be going to an academic conference on Google Spain and the "Right to be Forgotten" (actually, "right to be delinked") so I thought I'd better organise my thoughts on why, as a provider and user of communications and information services, the decision worries me. And I am much more worried by the decision itself and the train of proposed law it seems to have created than by how Google has responded.
Herewith first impressions of the Government's proposal to criminalise "Revenge Pornography" since, if it is passed, this will be another type of material that those offering web or other publishing services for user generated content will need to include in their notice and takedown processes. Comments welcome, especially if you think there's something I've missed.
Implementation of the new provisions for website operators under the Defamation Act 2013 has come a step closer, with the Ministry of Justice seeking comments on draft implementing Regulations. INFORRM has a summary of the process, with a helpful flowchart.
Tuesday's parallel session on legal and regulatory issues will cover new measures for enforcing the law (including copyright and defamation) on line, as well as an update DNS and regulation. Also watch out for a plenary talk on the future of network regulation on Wednesday.
The passing of the Defamation Act 2013 this week removes a couple of areas of legal uncertainty if you run a website, blog, etc. and someone else posts an article or comment that may be defamatory. First, provided you aren’t acting maliciously, you don’t risk liability merely by moderating what is posted. Second, the Act tries to ensure that defamation claims are settled either between the author and the person allegedly defamed, or by the courts.
