Podcast Location:
Download it here [file size: 19.5 MB]
Categories:
IT, Technology & Telecoms
Intellectual Property Law
Information & Data Protection Law
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This CPDcast series aims to examine the liability of online publishers for user-generated content. In part two we will examine the implementation of the E-Commerce Directive in Germany and France and discuss the section 1 defence located in the Defamation Act 1996. We will also examine requests for the disclosure of the identity of anonymous users.

Outcomes:
After completing the course you will:
  • Know how and when the E-Commerce Directive was implemented into German law;
  • Know how and when the E-Commerce Directive was implemented into French law;
  • Understand how the US handles UGC;
  • Know the key principles of the section 1 defence under the Defamation Act 1996;
  • Understand how requests for the disclosure of the identity of anonymous users should be handled;
  • Know practical steps to help minimise liability.
Level:
Complex Difficulty: 4 of 5
Classification:
Legal Principles
Legislative Updates
Practical Guide
Sources and References:
  • E-Commerce Directive 2000/31/EC;
  • Telemedia Law (Telemediengesetz);
  • Communications Decency Act 1996;
  • Digital Millennium Copyright Act;
  • Defamation Act 1996;
  • Godfrey v Demon Internet [2001] QB 201;
  • Tycon Energy Corporation v The Motley Fool (2008) (unreported).

In this two part CPDcast series, Timothy Pinto, a solicitor at Taylor Wessing, discusses the liability of online publishers for user-generated content. He examines the areas of particular risk, the advantages and disadvantages of moderation, the internet hosting defence, what to do with requests for the disclosure of the identity of anonymous content providers and finally a summary of practical steps to minimise liability. In part two, Timothy continues to examine the implementation E-Commerce Directive 2000/31/EC in Germany and France and discusses the section 1 defence outlined in the Defamation Act 1996. He also explains how requests for the disclosure of the identity of anonymous users should be handled.

Podcast added: 20/07/2009

Podcast last reviewed: 2011-07-25

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