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ARTICLE · 11 MARCH 2020

Liability Of Hosting Service Providers For Defamation Under e-Commerce Directive (Facebook)

ELVINGER HOSS PRUSSEN, société anonyme
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The liability regime of host providers is governed at European level by Articles 14 and 15 of the Directive 2000/31/EC on e-Commerce.

LuxembourgMedia, Telecoms, IT, Entertainment

On 3 October 2019, the CJEU made an important decision in case C-18/18 with respect to the liability of hosting service providers and whether they may be ordered to remove or block access to content that they store.. As a reminder, hosting service providers are subject to a specific liability regime regarding the information they transmit or store for their clients, but of course they remain subject to court injunctions. Accordingly, the CJEU decided that a host provider, in this instance Facebook, may be ordered to remove or to block access to information which was published on its social network, the content of which was identical to information previously declared to be unlawful.

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