Abstract
Intermediaries enjoy a ‘safe harbour’ from civil or criminal liability should they host illegal and harmful third-party online content, subject to requirements from national laws. The line between immunity and liability becomes hazy when intermediaries appear to assume the role of content creators, hence risk being characterised as publishers. The paper analyses whether such liability may be diminished if intermediaries adopt an artificial intelligence-based content moderation system. Through comparative case analyses of Mkini, Delfi, Bunt and Godfrey, the research questioned the relevance of the legal defence granted in the Communications and Multimedia Act 1998 and the Content Code. The article analysed the Federal Court’s finding of liability for Mkini and asked whether it signals the right way forward that may ignore the fundamental right to express opinion of public interest. Despite the advances in artificial intelligence-based content moderation, it remains to be seen if algorithms can easily contain illegal and harmful content.
Sign-in/Register to access full text options 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
