Supreme Court, Civil Chamber, Meristation, 805/2013

Document type
Court Decision
Country
Miquel
Peguera

Holding the owner of a website liable for third party defamatory comments posted to website’s fora; the defendant had some control mechanisms in place what failed to prevent the postings; the appellate court was right in finding that the defendant had actual knowledge of the illegal content, and that it failed to diligently remove the content; hence the defendant cannot rely on the hosting exemption from liability

Country
Year
2014
Topic, claim, or defense
Defamation or Personality Rights
Document type
Court Decision
Issuing entity
Highest Domestic/National (including State) Court
Type of service provider
Host (Including Social Networks)
Type of law
Civil
General effect on immunity
Mixed/Neutral/Unclear
General intermediary liability model
Takedown/Act Upon Knowledge (Includes Notice and Takedown)