(1) The case focused on a take down request against a service provider that hosted a website dedicated to publishing consumers’ complaints. The claimant requested to disable publication of a complaint, which, according to claimant, was false. Although the website operator implemented a procedure, which allowed publication of complaints only after their approval, the court recognised the manager of the website to be a hosting service provider. (2) The court decided that although the service provider refused to comply with the take down request, a claim in court for removal of unlawful information may be directed against the service provider even if service provider has no liability for the information published. It is for the court to make a final determination if the information is unlawful and order the claimant to...
The court decided that in cases when hosting service provider after receiving a take down request is not able to contact the user, who posted the content, the legal consequences should be equivalent to the case when service provider does not receive a reply form the user after notifying him of the received take down request. In such cases the service provider must disable access to the information in question.
The Regulation requires all internet service providers who offer access to internet at public places to install mandatory filtering measures approved by the Information Society Development Committee under the Ministry of Transport and Communications. The legal basis for information filtering is the Law on the Protection of Minors Against the Detrimental Effect of Public Information, and measures are focused on filtering of information harmful for minors.
(1) The Regulation provides for detailed procedure and steps to be followed by service providers in dealing with take down requests against illegal content. (2) The service providers are required to forward the take down request to the service recipient within 4 working days and wait for the response. If response is not received, the service provider must deny access to the information. However, if the service recipient responds and disagrees with the take down request, the service provider must evaluate if disagreement is justified and then decide if to take down the requested information. (3) The Regulation imposes an unusual obligation on the service provider to evaluate the justification of a take down request; however, the provider may apply to competent institution (the Information Society Development Committee...
The law implements the Ecommerce Directive 2000/31/EC transposing the provisions on liability of intermediaries (mere conduit, caching and hosting) (Articles 12 to 14) almost identically to the directive (Articles 12-14 of the law).
The law implements the Directive 2001/29/EC on the harmonisation of certain aspects of copyright and related rights in the information society. (1) Article 78 of the law provides for the right of the rightholders to apply to court for an injunction against intermediaries whose services are used by a third party to infringe a copyright or related rights. (2) Intermediaries are defined as electronic communication service providers who transmit information provided by third parties, provide access to communication networks and/or store information.