Comments to European Commission on Notice-and-Action

CDT submitted these brief comments in response to a questionnaire from the European Commission on notice-and-action procedures (including the more familiar notice-and-takedown) and Internet intermediaries.  The comments offer the following principles for ensuring that notice-and-action frameworks do not come at the expense of online free expression and access to information:

  • Intermediaries need clear guidance regarding what constitutes a valid notice.
  • Actions required of intermediaries must be narrowly tailored and proportionate.
  • Safeguards are necessary to mitigate risks of abuse.
  • Intermediaries should not be required to take actions that would create a de facto ongoing obligation to monitor.
  • Action requirements should take account of differences between conduit and host services.
  • Actions that result in content takedown must be limited to contexts where illegality is straightforward.
  • Notice-and-action requirements must avoid undermining existing liability protections.

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