The fragmentation of intermediary liability in the UK

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Abstract

This article argues that the system for intermediary liability (for mere conduits, hosts and search engines) is splitting into a number of different systems. In the case of copyright, intermediaries (particularly mere conduits) have new duties. However, regarding defamation (and to a lesser extent privacy), new schemes are reducing the liability risk of hosts—under certain circumstances. The result is that the single system of the Electronic Commerce Directive is being replaced by a mixture of EU and national legislation, revived common law doctrines and specific provisions for particular areas of law.
Original languageEnglish
Pages (from-to)521-531
JournalJournal of Intellectual Property Law and Practice
Volume8
Issue number7
DOIs
Publication statusPublished - 2013

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