Glawischnig-Piesczek v Facebook on the Expanding Scope of Internet Service Providers’ Monitoring Obligations

(2019) European Data Protection Law Review 5(4):573 – 578

Edinburgh School of Law Research Paper Forthcoming

11 Pages Posted: 6 Feb 2020

See all articles by Paolo Cavaliere

Paolo Cavaliere

University of Edinburgh - School of Law

Date Written: December 1, 2019

Abstract

Article 15(1) of the E-Commerce Directive does not preclude a court of a Member State from: ordering a host provider to remove or block access to information identical to the content of information previously declared unlawful; ordering a host provider to remove or block access to information equivalent to information previously declared unlawful, provided that the content remains essentially unchanged and the differences in the wording are not such as to require the host provider to carry out an independent assessment beyond the elements specified in the injunction; ordering a host provider to remove or block access to information covered by the injunction worldwide within the framework of the relevant international law.

Keywords: Facebook, defamation, intermediary liability, jurisdiction, Court of Justice of the European Union

Suggested Citation

Cavaliere, Paolo, Glawischnig-Piesczek v Facebook on the Expanding Scope of Internet Service Providers’ Monitoring Obligations (December 1, 2019). (2019) European Data Protection Law Review 5(4):573 – 578; Edinburgh School of Law Research Paper Forthcoming. Available at SSRN: https://ssrn.com/abstract=3519389 or http://dx.doi.org/10.2139/ssrn.3519389

Paolo Cavaliere (Contact Author)

University of Edinburgh - School of Law ( email )

Old College
South Bridge
Edinburgh, EH8 9YL
United Kingdom

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