(1) In the absence of a provision in the Copyright Law, secondary liability is dealt with general tort law principles of joint liability under the Jordanian civil legal system. (2) The Jordanian Civil Code is the primary source of law that should be consulted in cases as there is no specific provision in the Copyright Law in Jordan. (3) Article 256 of the Jordanian Civil Code provides that "every injurious act shall render the person who commits it liable for damages even if he is a non-discerning person." Three elements must be present for tort liability to arise under the Jordanian Civil Code: (i) a fault or error (which may be either an act or a failure to act); (ii) damage to another; and (iii) a causal connection between the fault and damage. (4) “Vicarious liability” is not strictly defined in the Jordanian Civil...
Chapter XVIII defines and describes defamation as an offence. Section 194 makes any person who unlawfully publishes defamatory matter with intent to injure or defame another person liable for defamation.
This is an ongoing case where the plaintiff complained that some words published on the hotel’s Facebook page were defamatory. Interlocutory order was obtained requiring the respondent to remove infringing content posted.
High Court of Kenya at Nairobi, eKLR, Civil Suit No. 808 fo 2012,
The plaintiff, a musician, successfully sued the defendant, a mobile telecommunication company for breach of copyright. The defendant had introduced a caller back ring tone service where they distributed the plaintiff music without authorization. The defendant was restrained from infringing upon the plaintiff’s copyright by offering for sale, selling or storing of any data relating to the plaintiff’s musical works. The defendant was also ordered to remove all the plaintiffs musical works from the website.
The defamatory material for which Nation Media Group (NMG) was found liable consisted partly of comments posted on the NMG’s website by members of the public in response to a news article that Muchemi Wachira had posted on NMG's website. The court found NMG liable for defamation by virtue of its role in publishing the comments on its site and for not exercising control in removing the defamatory comments posted by the public. According to this decision, intermediaries have an obligation to remove allegedly defamatory material, which comes to their notice, either as a result of a complaint by the allegedly defamed person or otherwise. The obligation to remove the infringing material does not depend upon the determination of the court. There are currently no other known cases that have been brought before the courts on...
This bill will be enacted to give effect to article 31(c) (d) of the Kenyan Constitution on regulation, collection, and disclosure of personal data and connected purposes. (1) Section 8 prescribes the manner in which personal data is to be collected; (2) Section 11 imposes a duty on any agency that holds personal data to ensure its protection and security; (3) Section 17 gives the restrictions on commercial use of personal data.