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How the European Court of Human Rights Contributed to Understanding Liability Issues of Internet Service Providers

Section 4 of the 2000 Directive on electronic commerce (ECD) established significant regulations concerning the liability of intermediary service providers regarding illegal content. However, in the past twenty years it has become apparent that its details are not adequately developed. The European Court of Human Rights (ECtHR), in accordance with the European Convention on Human Rights (ECHR), performs significant legislative action in this field. Its rulings touch upon the active or passive role of service providers, issues regarding the operation of the notice-and-takedown system, and the legal grounds of due notice. The present study examines the practices and role of the European Court of Human Rights, as this organisation has significantly contributed to the new set of proposals on digital regulation (to be introduced in 2020) moving in a direction more suitable to meet present-day demands concerning liability.