Deleted user
posted 3 years ago
Liability for information uploaded to an automated online service run by myself
As a toy project, I wanted to create an online service. The users are able to send e-mails to an e-mail address with attached pictures, and then it would automatically send them back to the users, after the removal of the metadata in the pictures. It would operate with no supervision, and the emails would be deleted as soon as they were processed, with no chance for me as the administrator to see the content. If someone sends some illegal content (e.g. child pornography), could I be held responsible for distributing it?
  • Spain
  • Tort
  • Criminal Litigation
  • Media and Press

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Deleted user
posted 3 years ago
With accordance to the European Directive on Electronic Commerce (ECD), the basic requirement for limiting the potential liability of hosting providers is that the provider must not know about the illegality of the third-party material, in line with the principle of safe harbour. This general principle is provided in the ECD, consisting of two different kinds of knowledge – actual and constructive. Pursuant to Article 14, when the providers' service consists of the storage of information provided by a recipient of the service – who is not acting under the authority or control of the provider – (hosting), Member States shall ensure that the service provider is not liable for the information stored at the request of a recipient of the service, on condition that the former (a) does not have actual knowledge of illegal activity or information and, as regards claims for damages is not aware of facts or circumstances from which the illegal activity or information is apparent; or (b) upon obtaining such knowledge or awareness, acts expeditiously to remove or to disable access to the information.