Manila Principles on Intermediary Liability

Document type
Policy Document

A key document in the literature of intermediary liability and human rights is the Manila Principles on Intermediary Liability. 

Drafted and endorsed by civil society groups from around the world, the Manila Principles on Intermediary Liability advances framework of baseline safeguards and best practices to safeguard human rights when intermediaries are asked to restrict online content. The principles are based on human rights instruments and other international legal frameworks.

These principles include:

 

Principle I. Intermediaries should be shielded by law from liability for third party content;

 

Principle II. Content must not be required to be restricted without an order by a judicial authority

Principle III. Requests for restrictions of content must be clear, be unambiguous, and follow due process

 

Principle IV. Laws and content restriction orders and practices must comply with the tests of necessity and proportionality

Principle V. Laws and content restriction policies and practices must respect due process

Principle VI. Transparency and accountability must be built into laws and content restriction policies and practices

For a full explanation and further details on each principle, chegou the Manila Principles background paper.  

Year
2015
Topic, claim, or defense
General or Non-Specified
Document type
Policy Document
Issuing entity
Civil Society
Issues addressed
Notice Formalities
Procedural Protections for Users and Publishers
Transparency
Trigger for OSP obligations
OSP obligation considered
Block or Remove
General effect on immunity
Strengthens Immunity
General intermediary liability model
Takedown/Act Upon Court Order