The Fragmentation of Intermediary Liability in the UK

Journal of Intellectual Property Law and Practice, 2013, vol 8(7), pp 521-531

22 Pages Posted: 24 Sep 2018

See all articles by Daithi Mac Sithigh

Daithi Mac Sithigh

Queen's University Belfast - School of Law

Date Written: June 5, 2013

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.

Keywords: intermediary liability, Electronic Commerce Directive, defamation, privacy, copyright

JEL Classification: O34

Suggested Citation

Mac Sithigh, Daithi, The Fragmentation of Intermediary Liability in the UK (June 5, 2013). Journal of Intellectual Property Law and Practice, 2013, vol 8(7), pp 521-531. Available at SSRN: https://ssrn.com/abstract=3244045

Daithi Mac Sithigh (Contact Author)

Queen's University Belfast - School of Law ( email )

School of Law
Belfast BT7 1NN, BT7 1NN
Ireland

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