defamation

Posted in Art. 14 EcomD, Art. 15 EcomD, DE, defamation, hosting, personality rights

German Court: Wikipedia Must Act Upon Notice
Techdir few days ago reported that Higher Regional Court of Stuttgart (OLG Stuttgart) held that “Wikimedia is liable for contents of Wikipedia articles”. This very inflated headline of course caught attention of many, including mine. The outcome, however, does not seem to be so dramatic as the headline suggests (Mike Masnick rectifies possible misunderstanding in
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Posted in Art. 14 EcomD, Art. 15 EcomD, defamation, ECHR, human rights, Liability of ISPs, secondary liability

ECHR on Liability of ISPs as a Restriction of Freedom of Speech
European Court of Human Rights in Strasbourg handed down its first “ISP liability” case – Delfi AS v. Estonia (App. No. 64569/09). The case concerns a question of liability of an Internet news portal for third party comments made on its website under one of the news items. First some background: 7.  The applicant company
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Posted in Art. 12 EcomD, Art. 13 EcomD, Art. 14 EcomD, Court of Justice, defamation, Liability of ISPs

New Preliminary Reference on Safe Harbors From Cyprus
EU Law Radar reports new preliminary reference on eCommerce Directive safe harboring system – Papasavvas C-291/13. The questions arose in a case dealing with liability for libel committed online.  The claimant in this case, Mr Papasavvas, sues for damages in a Cypriot court because he fells that an article in the defendant’s printed newspaper, which
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