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
Date Written: June 5, 2013
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: Suggested Citation