Website Blocking Injunctions to Prevent Copyright Infringements Proportionality and Effectiveness

Abstract

The liability of internet intermediaries, particularly Internet Service Providers ('ISPs'), for the unlawful online actions of third party users is a persistent theme and problem of cyberlaw. The creation of an intermediary liability regime involves balancing the benefits intermediaries provide in facilitating access to internet content on the one hand, with the advantages of leveraging intermediary control over access on the other. Intermediaries are targets for attempts to control unlawful end-user activities as bringing actions against individual users is expensive, while regulating access via intermediaries is more cost-effective. Imposing liability on intermediaries can, however, have significant unwelcome effects, or 'collateral damage', especially on the rights to freedom of expression and privacy of end-users.