Censorship on Demand: Failure of Due Process in ISP Liability and Takedown Procedures

Book chapter by Andrew Rens
Document type
Paper/Research
Country

"In South Africa, Internet service providers (ISPs) that host information are granted immunity against claims for hosting information, but only on condition that the service provider remove information on receipt of a complaint. Unlike other takedown regimes, such as that in the Digital Millennium Copyright Act, it is not confined to copyright; exemption from liability extends to any grounds of civil legal liability, while the potential subject of complaint is not restricted in any way."

Initial Excerpt from the chapter Censorship on Demand: Failure of Due Process in ISP Liability and Takedown Procedures, by Andrew Rens on the book Global Censorship: Shifting Modes, Persisting Paradigms, edited by Pranesh Prakash, Nagla Rizk & Carlos Affonso Souza, as part of Yale's Access to Knowledge Research Series.

Country
Topic, claim, or defense
General or Non-Specified
Document type
Paper/Research
Type of service provider
Host (Including Social Networks)
Issues addressed
Notice Formalities
Trigger for OSP obligations
Procedural Protections for Users and Publishers
OSP obligation considered
Block or Remove