PART VII of the Electronic Transactions Act (§§51-59) deals with ‘Liability of Service Providers’. The statutory provisions generally employ a ‘mere conduit’ approach, and do not require service providers to actively monitor data that is transmitted or stored. However, §53 provides that the service providers only enjoy protection from liability if they are a member of the representative industry body recognized by the Minister, and have adopted and adequately implemented that body’s code of conduct. As such, the Code of Conduct is hence set by the industry, rather the government. It is not know whether such an industry body has yet been recognized, or if such a code of conduct has been established. Furthermore, a service provider must have a designated agent to deal with notifications of infringement, in order to enjoy...
(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.
(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.
(1) This law regulates inter alia the freedom to gather, publish and receive information, freedom to form and express ideas and opinions, as well as freedom of sharing information and ideas through the internet and other platforms. (2) Article 29, par. 1 defines media as a means of public information which by words, images or sound transmits edited information, ideas and opinions and other sort of content intended for public distribution and to an unspecified number of users. (3) According to Article 30, par. 2, miscellaneous online platforms - such as internet forums, social networks, and other platforms which enable free exchange of information, ideas and opinions - or any other individual electronic publication - such as blogs, web presentations, and similar electronic presentation - do not qualify as media under...
In this case Court decided that in order to prevent further violation of personal rights, court can order the removal from an internet portal of a text which harms honor and reputation. The court stressed that, despite the fact that only certain parts of the mentioned text were harmful to the plaintiff's honor and reputation, complete removal was necessary due to the fact that the mentioned harmful parts should be considered as inseparable from the whole (including photographs).
Article 48 states that any person shall have the right to make a temporary reproduction of a work of authorship without the author’s permission and without paying any remuneration, under the following conditions: reproduction is transient or incidental; reproduction is an integral and essential part of a technological process; purpose of reproduction is to enable a transmission of data in a network between two or more persons through an intermediary, or to enable a lawful use of a work of authorship; and reproduction does not have independent economic significance.