Difamación en la web 2.0 y responsabilidad civil de los prestadores de servicios de alojamiento
ISSN: 1133-8768
Year of publication: 2012
Issue: 26
Pages: 143-201
Type: Article
More publications in: Derecho Privado y Constitución
Abstract
Having celebrated the 10th. Anniversary of the passing of the Law 34/2002, of July 11th, on Information Society Services and Electronic Commerce, it seems appropriate to evaluate the application being made by our courts of the rules on the exemption from liability of Internet Services Providers, especially in the case of liability actions against defamatory ontents published on the Internet by the users of those services. This essay aims to show the different interests lying behind the liabilities scheme that are applicable to providers of such Internet services, as well as the shortcomings of the system created by the Spanish legislators in order o balance those interests. These shortcomings have been further exposed by the boom of new services typical of the so called Web 2.0.