CJEU/ECHR cases on intermediary liability and hyperlinking
There were some interesting CJEU and
ECHR decisions on intermediary liability and
hyperlinking over the course of 2016.
ECHR decision on liability for user generated content
The European Court of Human Rights ruled upholding
the Article 10 rights of two online portals in Hungary, finding
that the local courts were wrong to hold the applicants (originally
the defendants) liable for UGC on their websites.
The ECHR said that the local courts had failed to
balance the applicants' Article 10 rights with the Hungarian
claimant's Article 8 rights to protection of reputation.
Read more.
CJEU decision on hyperlinking
The Court of Justice of the European Union considered the issue
of whether linking to content placed on a website without the
copyright owner's consent, infringes copyright. It held, in GS
Media (Case
C-160/15), that hyperlinking to a copyright work that was
published online without the
