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Slovak 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

Court of Appeals [Krajský súd Trenčín], Civil, Stacho v. Klub Strážov, 19Co/35/2012

The Court denied liability of the discussion forum provider for libelous comments of unknown users. The provider was sued without previous notice and takedown request. Although the first instance Court held the provider liable for users comments, without explaining the basis of such liability, the Court of Appeals rejected this because the provider did not act against the right of the plaintiff himself. The Court did not discuss liability for wrongful omission or liability to serve injunctions as a non-infringer. The case was appealed further to the Supreme Court, where it is currently pending.
Court Decision

Supreme Court [Najvyšší súd SR], Civil, BMW v. SK-NIC, 3 Obo 197/06

The Court rejected a delictual cease and desist claim against the domain authority arguing that it is not liable for registrations carried out by the third parties. The court does not provide extensive explanation for this and neither does it discuss an alternative basis of secondary liability. It can be also argued that this decision is not a good example because the claim that was rejected, although having basis in the delict law, was formulated more as a concrete contractual act that the domain name authority should carry out (withdrawal). Hence the consequences of the decision remain mostly open. see also Huťko´s Technology Law blog post

Law No. 22/2004 on Electronic Commerce

The Act implements e-Commerce Directive into Slovak law incorporating mere conduit, caching and hosting safe harbors, and prohibition of general monitoring obligation (§ 6). The implementation is of very inferior quality and misimplements several mechanisms that are most of the time possible to correct by the interpretation.

Law No. 40/1964 Civil Code

The Civil Code provides for all 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 - Slovakia

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 Lexforum.sk, www.lexforum.sk Blog priateľov EISi Blog of friends of EISi, www.blog.eisionline.org