Did the Romans Get it Right? What Delfi, Google, eBay, and UPC TeleKabel Wien Have in Common

Abstract

This chapter provides an analysis of the recent landmark cases of the CJEU and ECtHR on the role and liability of Online Service Providers (OSPs) in policing content on the internet. The authors assess legal arguments in Google France, eBay, UPC TeleKabel Wien and Delfi to discover how the rulings accommodate the right to freedom of expression and the safe harbours in the EU E-Commerce Directive. They examine how knowledge and awareness of illegal content impact the OSPs responsibilities and duties (of care) to restrict content. Finally, they seek guidance in Roman law and the concepts of ‘bonus pater familias’ and ‘bonus ac diligens scriptor’ to fully understand the position and the responsibilities of the OSPs.

Keywords: liability of Online Service Providers, content policing, freedom of expression, E-Commerce Directive, press ethics, journalistic responsibility, duty of care