Online Intermediaries’ Liability 2012: As the Digital Economy Comes of Age, Does the Industry Need to Take On More Responsibilities?

Abstract

The online intermediaries sector has undergone breath-taking changes over the last 20 years. With the emergence of the internet as major economic, public and cultural component of modern society, online intermediaries have risen to become crucial elements in guaranteeing access to information, services and products. When defining the liabilities and responsibilities of these intermediaries in the 1990s, the interests and powers at stake produced a particular liability regime. However, technological changes and the emergence of new business models connected to the internet have challenged the application of this liability regime. Case law throughout the EU has seen differing and at times contradictory rulings, creating uncertainty for intermediaries and rights-holders alike. This thesis argues that it is time to move to a more inclusive definition of hosting providers, while advocating for a balanced extension of the duties of care towards specific monitoring, using a co-regulatory approach.