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Institution (Description)

Regulatory Entity: Second Section of the Copyright Commission

The Law No. 2/2011 amended the Spanish Copyright Act to create an administrative body – the Second Section of the Intellectual Property Commission – which orders injunctions against information society services who infringe on copyright. Its functioning was later amended by Law No. 21/2014. The IP Commission targets particularly websites providing links to infringing works in a purposeful and massive way; it may also require payment, advertising, and access service providers to stop providing their services to the infringer (see above Spanish Copyright Act.
Legislation

Law No. 2/2011, on a Sustainable Economy

Law instituting an administrative body - the Second Section of the Copyright Commission - in charge of issuing orders against information society services hosting copyright infringing materials (Article 43, introducing Article 158. Intellectual Property Commission in the Intellectual Property Law, Royal Legislative Decree 1/1996).
Court Decision

Supreme Court, Civil Chamber, alasbarricadas.com, 72/2011

holding the owner of an internet forum liable for defamatory remarks posted by users against the Spanish pop singer Ramoncín; the court considered that the owner of the forum did not qualify for the hosting exemption because (a) the defamatory nature of the contents was self-evident and thus the defendant should be deemed aware of facts or circumstances indicating illegal activity, and (b) the website owner was negligent as it did not provide enough contact details to be notified about illegal content.