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Legislation

Law No. 769-IQ, The Law on Mass Media

Providing that: (1) Internet contents is regulated by the general rules regulating the content of all mass media (art 3); there are no special laws (neither legislation, nor regulatory acts, nor any court decisions) regulating access to the internet and sanctioning the blocking of websites. Nevertheless, there have been cases of blocking online content in Azerbaijan; (2) Access to the Internet can be defined as the right to access information or documents disseminated via the internet; (3) production and propagation of mass media can be temporarily suspended or terminated only by a decision of the founder or court (art 19); (4) In case of transmission in the mass media of information humiliating honor and dignity of physical and legal persons of slanderous and offensive nature, distorting of thoughts, the offended...
Legislation

Electronic Communications and Transactions Act (Chapter 337A)

Part III (§§19 -21) of the Electronic Communications and Transactions Act deals with ‘Intermediaries and E-Commerce Service Providers’. The statutory provisions generally employ a ‘mere conduit’ approach, and do not require intermediaries to actively monitor electronic records and transmissions. §20(3) gives the Minister the power (when notified by an intermediary that an electronic communication may give rise to liability), to direct the intermediary to undertake certain actions. Such an action can include directions to (a) remove the electronic communication in question, or (b) cease provision of services to persons. The legislation also allows for the government to establish subsidiary regulations for a Code of conduct or standards to which intermediaries must comply. However, it is understood that no such...
Legislation

Electronic Transactions Act (Chapter 308B)

Part VII (§§23-24) of the Electronic Transactions Act deals with the issue of ‘Intermediaries’. The statutory provisions generally employ a ‘mere conduit’ approach, and do not require intermediaries to actively monitor electronic records and transmissions. §24(2) gives the Minister the power (when notified by an intermediary that an electronic record may give rise to liability), to direct the intermediary to (a) remove electronic questions in question, (b) cease provision of services to persons, or (c) cease to provide services in relation to the specific electronic record in question.
Court Decision

Belgian ISPs agree to block 450 ‘pirate’ domains

A Belgian solution to the problem of counterfeiting
Thee three main Belgian ISPs Proximus, Telenet and VOO are joining with right holders and are now blocking 33 websites and 450 domains on copyright grounds. People who are now trying to access these sites will see an ‘online fair play’ message from the Belgian Entertainment Association (BEA). After a year-long legal dispute, the film and music industry and the main internet service providers have decided, on the basis of a joint request, to go to the Brussels French Commercial Court. This case was held in March 2018. The European legislator has set up a mechanism that allows the national judge to issue injunctions to order suppliers to block access to the websites. The BEA and Internet service providers have agreed on a list of 33 websites and 450 domain names that they believe are guilty of facilitating illegal...