Who's Author, Editor and Publisher in User-Generated Content?

Abstract

Since its apparition in 2005, User-Generated Content (hereinafter: UGC) has grown explosively. This vast new trend that allows users to play an active role in the publication of content creates many great opportunities. However, it also opens doors for malicious intent. The difficulties to combat illegal or otherwise harmful material constitute major challenges for the further development of UGC.

In a complicated system involving many different actors, who to address when illegal or harmful material is found online? Who can be held liable for damage? This chapter aims to discuss the conceptual framework for legal liability for UGC, by examining normative definitions and underlying rationales of existing liability models and by comparing the roles of traditional actors in the information value chain, on the one hand, and new intermediaries, on the other hand. It aspires to formulate some assessments in view of a clearer definition of the scope of legal liability of new UGC intermediaries for illegal and harmful content disseminated via their platforms.

Keywords: User-Generated Content, UGC, editor, publisher, intermediary, intermediary liability