Round-up of national decisions on online intermediaries and platforms 2023

Abstract

Abstract Online enforcement of intellectual property rights has for a long time relied on the involvement of online intermediaries and platforms. Besides injunctions against ‘innocent’ intermediaries, questions surrounding the type of and conditions for establishing liability of online intermediaries and platforms have also gained increasing prominence. In Europe, for example, the Court of Justice of the European Union (CJEU) has repeatedly tackled these issues. European Union (EU) legislature has also legislated in this area: on the one hand, Article 17 of Directive 2019/790 is premised on the direct responsibility of certain types of online platforms—online content sharing service providers—for user-uploaded content; on the other hand, the Digital Services Act (Regulation 2022/2065), while reiterating the importance of safe harbours for online intermediaries, has introduced due diligence and transparency obligations that are not premised on any liability of their addressees. In 2023, national courts in Australia, Czech Republic, Germany, Italy, the Netherlands, Poland and Spain delivered a series of important rulings in connection with the treatment of online intermediaries and platforms This contribution provides a round-up of the most significant judgments issued in the period 1 January to 31 December 2023, with a special focus on copyright. The analysis is divided by area (liability of online intermediaries and platforms, enforcement aspects and other issues) and country (Australia, the Czech Republic, Germany, Italy, Poland and Spain).