Summary and implications
Contrary to indications given last year, the European Commission
(EC) now proposes a new 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
Directive (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 (ISPs) 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.
