The Contribution of the Court of Justice of the European Union to a Better Understanding the Liability and Monitoring Issues Regarding Intermediary Service Providers

Gosztonyi, Gergely (2020) The Contribution of the Court of Justice of the European Union to a Better Understanding the Liability and Monitoring Issues Regarding Intermediary Service Providers. ANNALES UNIVERSITATIS SCIENTIARUM BUDAPESTINENSIS DE ROLANDO EÖTVÖS NOMINATAE - SECTIO IURIDICA, 59 (1). pp. 133-144. ISSN 0524-899X

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Abstract

Section 4 of the Directive on electronic commerce (ECD) established significant regulations concerning the liability of intermediary service providers regarding illegal content in the European Union. However, over the past twenty years, it has become apparent that its details are not adequately developed. The Court of Justice of the European Union (ECJ) in Luxembourg performs significant legislative action in this field. Its rulings touch upon the concept of ‘information society services’, the active or passive role of service providers and issues regarding the general prohibition of monitoring obligations. The present study examines the practices and role of the Court of Justice of the European Union, as this organisation has significantly contributed to moving in the direction of having legislation that is more suitable for meeting present-day demands concerning internet liability.

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