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This chapter analyses the evolution of the liability of online intermediaries (ISPs, platforms) concerning the circulation of copyright protected content in the digital era. It aims at reviewing the transition from a regime of conditional irresponsibility (E-commerce Directive) to new and more stringent obligations introduced by the Copyright Directive (Art. 17) and the Digital Services Act (DSA). The Copyright Directive introduces direct liability for platforms, imposing the need for authorisations or to make so-called “best efforts” to prevent the availability of illegal content, with the adoption of technical filtering measures. The DSA adds new duties of care and accountability for platforms in the fight against illegal content and disinformation, while reaffirming the absence of a general obligation to monitor.

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The Scope of Platforms’ Liability and Accountability for Content Intermediation Services

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  • 发表日期：

    2026年

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  • Nicola M. F. Faraone

摘要

This chapter analyses the evolution of the liability of online intermediaries (ISPs, platforms) concerning the circulation of copyright protected content in the digital era. It aims at reviewing the transition from a regime of conditional irresponsibility (E-commerce Directive) to new and more stringent obligations introduced by the Copyright Directive (Art. 17) and the Digital Services Act (DSA). The Copyright Directive introduces direct liability for platforms, imposing the need for authorisations or to make so-called “best efforts” to prevent the availability of illegal content, with the adoption of technical filtering measures. The DSA adds new duties of care and accountability for platforms in the fight against illegal content and disinformation, while reaffirming the absence of a general obligation to monitor.