Author: Shepherd and Wedderburn LLP

The fight against illegal online content

Last month, the European Commission published the paper Towards an enhanced responsibility of online platforms concerning the fight against illegal online content. The Commission states that its aim is to “facilitate and intensify the implementation of good practices for preventing, detecting, removing and disabling access to illegal content”. It is hoped that the implementation of its guidelines will “ensure the effective removal of illegal content, [provide] increased transparency and [enhance] the protection of fundamental rights online”. Illegal online content is becoming more and more prevalent and its accessibility is increasing. The Commission considers that removing illegal online content “represents an urgent challenge” for online providers as this content poses “a serious threat to security and safety, as well as to the dignity of victims”. Purpose of the paperThe paper expressly targets internet service providers (ISPs), and has a general application across all forms of illegal online content. The Commission explains that “what is illegal offline is also illegal online”.  The Commission also states that online platforms should “decisively step up their actions” to prevent the spread of illegal online content noting the responsibilities they have derived as a result of their “central role in society”. The paper broadly covers three areas: Detecting and notifying illegal content; Removing illegal content; and Preventing the reappearance of illegal content. What effect will this have?The paper will be welcomed by intellectual property right owners....

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OGA release new guidance on ISPs and ISCs

The Energy Act 2016  was enacted to implement the recommendations of the Wood Review. The provisions are due to come into effect in October 2017. In preparation for this, the OGA has released new guidance with regard to the preparation and content of information and samples plans (ISPs), as well as what it expects from its interactions with information and samples coordinators (ISCs). Read more about the guidance and what to expect in our briefing...

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The Lobbying (Scotland) Act 2016: Lobbying Register ‘go-live’

Last week, the Scottish Parliament announced that the ‘go-live’ date for the Lobbying Register set up by the Act is 12 March 2018. From that date, all regulated lobbying in Scotland will have to be registered on the Lobbying Register. Businesses and other organisations should take proactive steps now to work out how their interactions with MSPs and the Scottish Government will be affected and what compliance processes to put in place. Get all the details in our briefing...

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