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(1) Establishing a statutory ‘safe harbour’ for OSPs so that their liabilities for copyright infringement occurring on their service platforms could be limited, provided that OSPs meet certain prescribed conditions, including the taking of reasonable steps to limit or stop copyright infringement when being notified. (2) The proposal aims at facilitating OSPs’ handling of alleged infringement balancing the interests between copyright owners and users. Under the proposed ‘safe harbour’ provisions, OSPs’ liabilities for copyright infringement occurring on their service platforms could be limited provided that they meet certain prescribed conditions, including the taking of reasonable steps to limit or stop copyright infringement when being notified. (3) The ‘safe harbour’ will be underpinned by a Code of Practice which...

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.

The case refers to the publication of an article in an online media outlet that contains a hyperlink to a YouTube video. The hyperlink was further reproduced on three other websites, operated by other media outlets. The video was not recorded by a third party and includes statements deemed defamatory by national courts. They also considered that that providing a hyperlink to content qualified as dissemination of facts was unlawful even if the disseminator had not identified itself with the content of the third-party’s statement and even if it had wrongly trusted the truthfulness of the statement. The European Court of Human Rights states that hyperlinks, as a technique of reporting, are essentially different from traditional acts of publication in that, as a general rule, they merely direct users to content available...

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.

In fact, not only was a case filed by them but also by their parent company, Facebook. The two petitions are substantively similar - they challenge the traceability provision of Rule 4(2) under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021Rules. These rules are the latest rules to be issued under the parent legislation of India's Information Technology Act. Under the new Rules, Whatsapp is directly under threat since it comes under the ambit of a signficant social media intermediary. A social media intermediary is defined as one that "primarily or solely enables online interaction between two or more users and allows them to create, upload, share, disseminate, modify or access information using its services." A signficant one being those intermediaries that have more...