Study published on proposed online service provider liability changes

8 January 2018

A new study, as requested by the European Parliament, has been published entitled “Liability of Online Service Providers for Copyrighted Content – Regulatory Action Needed?” (by Dr. Jan Bernd Nordemann). The study involves an analysis of the proposed changes to internet intermediary liability (as currently provided for in the E-Commerce Directive, and as proposed amendments for stand in Article 13 of the Copyright Directive).  The study concludes that the current provisions of the E-Commerce Directive are flexible enough so as not to require reform. Instead, the study concludes that a sector specific regulation of liability should be utilised (a form of secondary liability as opposed to the currently proposed primary liability).