Prolux, 3 Cmo 197/2010-82

Higher Court in Prague, Court of Appeals, Civil
Document type
Court Decision
The Court accepted the liability of a discussion forum provider for user comments. Unknown users posted several libelous statements on the website. The discussion provider refused to take them down, arguing that it can not establish its illegal nature. The Court hold the provider liable for an injunction to remove some statements that it found libelous (“like swine”), but rejected to grant any non-material satisfaction in money against the provider. The Court did not question the inverted wording of the Czech hosting safe harbor and readily accepted liability after concluding that hosting safe harbor was lost due to the notice from the plaintiff. see also Martin Husovec, Brief Commentary on the Prolux Case, 3 Revue pro právo a technologie (2011)
Topic, claim, or defense
Defamation or Personality Rights
Document type
Court Decision
Issuing entity
Appellate Domestic Court
Type of service provider
Host (Including Social Networks)
Issues addressed
Trigger for OSP obligations
OSP obligation considered
Block or Remove
Type of law
General effect on immunity
Weakens Immunity
General intermediary liability model
Takedown/Act Upon Knowledge (Includes Notice and Takedown)