Civil Case, 31/2010

Tribunal d'arrondissement [District Court]
Document type
Court Decision
Country
recalling that the liability for any infringement committed by way of a media lies on the contributor, if known, or by default, on the editor, or by default, on the diffuser, in accordance with article 21 of the law of 8 June 2004, as amended, on the freedom of expression in the media. This cascading principle established a successive and isolated liability between the authors and co-authors of press-related offences and excludes the traditional principles of the civil law regarding tortious liability. In the present case, the author of the offence was identified and therefore, by application of article 21 of the law of 8 June 2004, as amended, on the freedom of expression in the media, his liability only should be retained
Country
Year
2010
Topic, claim, or defense
Defamation or Personality Rights
Document type
Court Decision
Issuing entity
Lowest Domestic Court
Type of service provider
General or Non-Specified
Issues addressed
Trigger for OSP obligations
Type of law
Civil
General effect on immunity
Mixed/Neutral/Unclear