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Legislation

Act of July 18, 2002 on Providing Services by Electronic Means, O.J. 2002 No. 144, item 1204 as amended [English Version]

This Act implemented the EU Electronic Commerce Directive 2000/31/EC, introducing intermediary liability for unlawful content. Following the Directive it differentiates between mere conduit, catching and hosting, introducing no obligation to monitor or filter hosted or cached content as well as a basic notice-and-takedown procedure. The Act determines obligations of information service providers (ISPs), rules for insulating them from legal liability as well as rules for the protection of personal data treated by the intermediaries. (1) Definitions. According to the Act, “providing services by electronic” means to render a service by transmitting and collecting data by means of teleinformation systems, at the individual request of a service recipient, without the parties being simultaneously present, while the data are...
Legislation

Press Law Act of January 26, 1984, O. J. 1984 No. 5, item 24 as amended

(1) Definitions. According to Article 7 para 2 pt 2 of the Press Law Act press is defined as “any and all existing and emerging in the course of technological advancement means of mass media, including broadcasting stations and television and radio broadcasting systems installed in facilities that distribute periodically publications via print, image, sound or any other broadcasting means” allowing to qualify all periodical online publications as press, resulting in editorial liability for service providers. The terms “publications” and “periodical” have no legal definitions therefore their dictionary definitions apply, with “publications” referring to all content enabled publicly and “periodically” designating content updated within certain amounts of time. In the context of Article 7 para 2 pt 1, which explicitly...

General Resources - Poland

Joanna Kulesza, Polish Supreme Court: All Electronic Press Must be Registered, EDRi, January 12, 2011, https://edri.org/edrigramnumber9-1polish-electronic-press-registration-compulsory Joanna Kulesza, Internet Service Providers Liability for Free Speech On-Line, in 5th Warsaw Seminar on Human Rights 240 – 247 (J. Czaputowicz, M. Szpunar (eds.), Warsaw 2012) EDRi, No Intermediary Liability for Bloggers, EDRi, March 27, 2013, http://edri.org/edrigramnumber11-6no-intermediary-liability-bloggers
Paper/Research

Portugal 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.
Administrative Decision

Administrative decision from the National Authority of Communications (ANACOM), Nokia Portugal v. Verza Facility Management, Google and others

This administrative resolution ordered a host provider to remove the incriminated website from the network. The decision also required all network content aggregation providers (permitting a direct or indirect access to the incriminated website, and thus associated with illicit content) to disable access to the website. This ruling seems to cover, at least indirectly, hyperlink providers. This resolution, which is very brief, does not offer further details.