Tort Ordinance (New Version) (Unofficial English Version)

Stipulation of the Tort Ordinance and common law tort law could be made use in the context of intermediary liability with respect to copyright issues because Section 52 of the Copyright Act states that “Infringement of copyright … is a civil wrong and the provisions of the Ordinance on Torts (New Version) shall apply mutatis mutandis subject to the provisions of this Act”. Section 12 of the Tort Ordinance states that “for the purposes of this Ordinance, any person who joins or aids in, authorises, counsels, commands, procures or ratifies any act done or to be done, or any omission made or to be made, by any other person will be liable for such act or omission.” This broad definition could be used to establish intermediary liability in the context of copyright infringement. In fact, reference use of intermediary liability through tort law has been made by The Supreme Court in its decision in the case of The Football Association Premier League Ltd v John Doe.