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Czech Republic Study on blocking, filtering and take-down of illegal Internet content

(prepared by Swiss Institute of Comparative Law for Council of Europe)
This is one of series of country reports prepared for the Council of Europe in 2015. Other countries' reports, and responses from national governments, are available here. The studies undertake to present the laws and, in so far as information is easily available, the practices concerning the filtering, blocking and takedown of illegal content on the internet.
Court Decision

Prolux, 3 Cmo 197/2010-82

Higher Court in Prague, Court of Appeals, Civil
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)

R Polcak, The Legal Classification of ISPs - The Czech Perspective. The Legal Classification of ISPs - The Czech Perspective, 1 JIPITEC (2010)

This Article is a comprehension of the lecture held at at the International Conference on “Commons, Users, Service Providers – Internet (Self-) Regulation and Copyright” which took place in Hannover, Germany, on 17/18 March 2010 on the occasion of the launch of JIPITEC. It summarizes the current issues concerning ISP liability in the Chzech Republic.

Law No. 89/2012, February 3, 2012, Civil Code

The Civil Code provides for general tort law basis for liability including vicarious liability, wrongful omission, liability as a participant, etc. It regulates substantial part of the private law. Intellectual property rights are regulated by special acts.

General Resources - Czech Republic

EU Study on ISP liability, http://ec.europa.eu/internal_market/e-commerce/docs/study/liability/slovak_republic_12nov2007_en.pdf European Information Society Institute, www.eisionline.org Hutko's Technology Law Blog, www.husovec.eu Blog priateľov EISi Blog of friends of EISi, www.blog.eisionline.org