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Self-Regulation/Voluntary Agreement/Code of Conduct

Internet Service Providers Association of Ireland, Code of Practice and Ethics

The Code governs the conduct of ISPAI's Members and may be amended from time to time by 75% majority vote of members of ISPAI. The Code mandates the development of acceptable use policies for participating ISPs which clearly set out guidelines for customers/users, including prohibitions on customers using ISP service to create, host, transmit material which is unlawful / libellous / abusive / offensive / vulgar / obscene / calculated to cause unreasonable offence. The Code also sets out procedures for dealing with complaints regarding third party content, illegal material and harmful material.
Legislation

Copyright and Related Rights Act 2000

The main Act dealing with Copyright in Ireland. The Act has been amended a number of times and most of the amendments are available here. Of particular relevance to intermediaries, section 40(3) of the Act states that the provision of facilities for enabling the making available to the public of copies of a work shall not of itself constitute an act of making available to the public of copies of the work. S.40(4) states that where a person who provides facilities referred to in s.40(3) is notified by the owner of the copyright that those facilities are being used to infringe the copyright and the person fails to remove the infringing material as soon as practicable thereafter that person shall also be liable for the infringement. An additional subsection was added to s. 40 in 2012 – see European Union (Copyright and...
Proposed Law

Copyright Review Committee, Modernising Copyright, 2013

A report by an expert committee on reform of copyright law, including a draft Bill. Includes proposals concerning intermediaries, e.g. (1) that a “marshalling” exception be introduced for sites which index, syndicate, aggregate or curate online content and (2) that certain sections of the Copyright and Related Rights Act 2000 concerning transient and incidental copies be amended to come more closely into line with the CJEU’s approach to interpretation of the Information Society Directive.

General Resources - Ireland

A Guide to the European Communities (Directive 2000/31/EC) Regulations 2003, http://www.djei.ie/publications/trade/2003/ecommercedirectiveguide.doc Data Protection Commissioner, www.dataprotection.ie Data Protection Commissioner, Final report of Audit of Facebook Ireland (2011) and Facebook Ireland Audit Review Report (2012), http://dataprotection.ie/docs/Facbook-Audit/1290.htm Digital Rights Ireland, http://www.digitalrights.ie Information Technology Law in Ireland – Denis Kelleher and Karen Murray, http://ictlaw.com Information Technology Law in Ireland – TJ McIntyre Blog, http://www.tjmcintyre.com Internet Content Governance Advisiory Group, Report of the Internet Content Governance Advisory Group (2014), http://www.dcenr.gov.ie/NR/rdonlyres/0BCE1511-508E-4E97-B1A9-23A6BE9124AA/0...