Liability for user-generated content
With the popularity of social networking sites, discussion boards and other such sites, user-generated content ('UGC') permeates the Internet. However, UGC gives rise to potential legal liability for the website owner.
The risks range from copyright infringement, defamation and privacy to contempt of court.
Lawyers Timothy Pinto
Taylor Wessing has gathered its knowledge and experience on liability for UGC to produce a 19-page informative guide which answers questions such as:
- Whether a website should be moderated or not?
- What user terms should be included to minimise risk?
- When is the hosting exemption in the E-commerce Directive likely to give rise to a defence?
- Is the position different in England, Germany and France?
- How does this differ from the position in the US?
- How should an online publisher / website owner deal with claims relating to UGC?
- Can online publishers rely on the section 1 defence to libel in the English Defamation Act 1996?
- Should a website disclose the identity of an anonymous user to a claimant?
This guide is designed for online publishers of websites which have both editorial and user generated content. An online publisher could potentially be liable in England, Germany or France for UGC which is directed to readers, or in some cases merely accessed, in those countries. Alternatively, you can listen to Tim Pinto's two 30-minute podcasts on the topic (recorded by CPDcast).
If you would like to read the guide or hear the podcasts, please click on one of the links below to email us, stating your name, telephone number and organisation:
