The digital era has revolutionised how content is created, distributed, and consumed, presenting both opportunities and complex legal challenges. Internet Service Providers (ISPs), once seen as neutral conduits of data, now appear to have been saddled with the task of playing a pivotal role in copyright enforcement. With millions of users sharing content daily, ISPs face the question: to what extent should they be held responsible for infringing activities carried out by their subscribers? The answer involves balancing the rights of copyright holders, operational realities, and principles of digital freedom.
A landmark development came with Cox Communications, Inc. v. Sony Music Entertainment. 1 (“Cox v. Sony”), where the court delineated the boundaries of secondary liability of ISPs under the Digital Millennium Copyright Act (“DMCA”) in the United States of America. The decision highlighted the distinction between knowledge and intent, establishing that an ISP’s liability depends on
