‘Facebook’s liability for defamatory posts: the CJEU interprets the e-commerce Directive’

“The last couple of weeks have seen a number of judgments relating to the control of information on the internet by the subject of the information. The cases of GC et al (Case C-136/17) and Google v CNIL (Case C-507/17) concern the interpretation of General Data Protection Regulation (GDPR), looking at the obligations of search engines. The most recent case, Glawischnig-Piesczek v Facebook (Case C-18/18) concerned the impact of the e-Commerce Directive (Directive 2000/31/EC), specifically the prohibition on general monitoring found in Article 15 of that Directive, on ‘stay down’ notices. The focus of this post is on Glawischnig-Piesczek, but there is a question that reaches beyond the impact of that case on the e-Commerce Directive: to what extent is there a coherent approach to issues arising from the Internet across the various legal measures that intersect with it …” (more)

[Lorna Woods, EU Law Analysis, 7 October]

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