Take-down: new directive for actioning illegal website content
Contrary to indications given last year, the European Commission (EC) now proposes a directive to cover take-down procedures and action relating to unlawful website content. The commissioners were set to formally adopt the first draft of the Notice and Action (N&A) Directive on 10 July 2013, together with a non-binding communication on best practices for notice and action procedures.
If the new legislation lowers the risk of legal liability for online content, it will be welcomed by many in the online industry, such as website search engines (for example internet service providers and Google), website hosts and content producers (for example, YouTube or social media sites such as Facebook) and online auction forums (such as eBay). Most would, in any event, welcome harmonisation of the existing fragmented approach and multiplicity of laws. Currently, each EU member state takes a different approach to notice and take-down.
However, if the N&A Directive places more onerous obligations onto online hosts or makes it easier to get allegedly illegal content removed, then major brand owners will be happy…
If you are registered and logged in to the site, click on the link below to read the rest of the Nabarro briefing. If not, please register or sign in with your details below.
News from Nabarro
News from The Lawyer
Briefings from Nabarro
This case has highlighted the question of whether there is a ‘gap’ in clause 20 of the FIDIC conditions where arbitration is chosen as the final method of dispute resolution.
Lord Justice Jackson gave a keynote speech at the Costs Law and Practice Conference on 30 September, making a number of comments on the progress of his reforms.
Analysis from The Lawyer
Nabarro senior partner and self-confessed “IT geek” Graham Stedman is heralding a major set of investments in technology ahead of the firm’s move to 125 London Wall this year.
Clients are more willing to bring claims against professional service providers but the risk to defendants is not as dramatic as it might seem