Abstract

Abstract The chapter provides a historical account of the evolution of intermediary liability rules. It guides the readers from the early US legislation to national and, finally, EU legislation on the issue of intermediaries. The legislative history of the E-Commerce Directive is explained in detail, giving prominence to the internal market logic of the instrument. The chapter explains the reasons that drove the legislatures to the adoption of the first generation of rules concerning the liability of intermediaries that became known as liability exemptions or safe harbours. It also explains why the system of such exemptions was considered insufficient to tackle the existing challenges and how the second generation of rules, such as the Digital Services Act, is trying to complement the pre-existing rules.

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