SUMMARY (provided by Damjan Bonač): (1) Intermediary liability of internet service providers is a relatively new issue in Slovenian case law and legal doctrine. Most cases refer to the infringements of personal rights through defamatory statements.

(2) In Slovenian law, the Electronic Commerce Market Act implements the safe harbor regime which was introduced by the eCommerce directive. However, there are no specific statutory provisions that are able to provide a special liability basis for intermediaries. Therefore, their liability must be determined according to general rules of tortious liability. Due to the fact that Slovenian law limits the establishment of liability for third parties to the existence of a specific relationship between that party and the primary infringer (e.g. parental liability or liability for employees) and that the establishment of strict liability must be explicitly provided by law, internet intermediaries will only be liable for their own conduct – action or omission (e.g. if they support or induce the infringement). Therefore culpability is a necessary prerequisite for the establishment of extra-contractual liability for online intermediaries.


(3) However, according to case law (see cases VSM I Cp 11/2015,  VSL I Cp 252/2014 and VSL I Cp 3037/2011 below), it is likely that internet intermediaries will be liable if they cannot establish a valid safe harbor defense. In other words, if an online intermediary acquires knowledge of an illegal activity and does nothing to prevent it, it will automatically become liable as its inaction will be interpreted as a dereliction of a duty of care (either intentionally or negligently). In this respect, the safe harbor provisions, which were intended to protect against liability, may be interpreted by Slovenian courts to add grounds for its establishment.


(4) Injunctions can be based on the Electronic Commerce Market Act as well as on some other statutes (e.g. article 134 of Code of Obligations for infringements of personal rights). In addition, according to case law, injunctions can also be based on a legal doctrine similar to the German principle of disturbance liability (Störerhaftung) (see case VSL I Cpg 862/2013 below).


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