Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 21 OCTOBER 2015

Intermediary Liability

Fieldfisher
Fieldfisher
Contributor
Fieldfisher

Fieldfisher

Fieldfisher is a European law firm with market-leading practices in many of the world’s most...

View firm profile
Explore more from Fieldfisher

Online intermediary liability has been debated in the courts since the internet came into being.

GlobalMedia, Telecoms, IT, Entertainment
Phil Lee
Phil Lee
Mark Webber
Mark Webber

Online intermediary liability has been debated in the courts since the internet came into being.

More than 15 years ago, both the United States and European Union enacted legislation to shield online service providers from liability for illegal content in certain circumstances. Since then there has been a succession of court cases around the circumstances in which the available defences under these rules can apply.

Despite the age of the law and the judicial evalutation of their principles a number of questions remain about the circumstances surrounding when an intermediary will and will not be liable for unlawful content posted on its servers of via its networks. This note introduces the concept of online internediary liaibilty and compares the EU and US defences available.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

Evolution Delivered: What Regulation (EU) 2026/2202 Means For EU261 Reform

The European Union has enacted its most comprehensive overhaul of passenger rights legislation in over twenty years, introducing significant operational changes for airlines while maintaining the core architecture of the existing compensation framework. With implementation required by October 2027, carriers face expanded obligations around automatic reimbursements, rerouting rights, and assistance provisions, alongside new clarity on extraordinary circumstances and claims procedures.
European UnionMedia, Telecoms, IT, Entertainment
Burges Salmon LLP
Burges Salmon LLP
Article

The EU Kids Act: Not Just A Social Media Ban, And Not Just An EU Problem

The European Commission has proposed the EU KIDS Act, a comprehensive regulation that extends far beyond a simple social media ban for under-13s. This ambitious framework introduces tiered age-based restrictions, safety-by-design obligations across digital services including AI chatbots and online games, and mandatory certified age-verification systems. With potential fines reaching 6% of global turnover and enforcement mechanisms piggybacking on existing DSA machinery, organisations offering digital servic
European UnionMedia, Telecoms, IT, Entertainment
Burges Salmon LLP
Burges Salmon LLP
Article

EU Kids Act: What Do The Planned Age Restrictions And Safety Requirements For Minors Online Mean For Providers?

The European Commission has proposed the EU KIDS Act, introducing comprehensive restrictions on minors' access to social media and video-sharing platforms while imposing extensive online safety requirements across digital services. This landmark legislation will require businesses to implement safety-by-design frameworks, age verification systems, and guardian controls, with particularly stringent compliance obligations for Very Large Online Platforms that must prove their services are safe through independ
European UnionMedia, Telecoms, IT, Entertainment
Winston Taylor
Winston Taylor
Article

HFSS: ASA Rulings Provide Clarity On Where “brand Advertising” Ends And Product Advertising Begins

The UK's Advertising Standards Authority has issued new guidance on how it will enforce restrictions on advertising less healthy food and drink products online and on television. Through several July 2026 rulings involving major brands like M&M's, Domino's, and KFC, the ASA clarified when the 'brand advertising exemption' applies and when product imagery crosses the line into depicting specific restricted products.
United KingdomMedia, Telecoms, IT, Entertainment
RPC
RPC
Article

Advertising In ChatGPT: What Retailers Need To Know

OpenAI's integration of advertisements into ChatGPT marks a significant shift in how retailers can reach consumers through conversational AI. As this emerging channel offers contextual relevance at moments of genuine purchasing intent, retailers must navigate complex advertising regulations, data protection requirements, and sector-specific rules to ensure compliance while capitalizing on this novel marketing opportunity.
United KingdomMedia, Telecoms, IT, Entertainment
Browne Jacobson LLP
Browne Jacobson LLP