Clifford Chance

Facebook found liable for links to YouTube videos infringing Mediaset's copyright and right to reputation

22 February 2019

With a groundbreaking decision on 15 February 2019, the Court of Rome found Facebook Inc. and Facebook Ireland Limited liable for failing to remove links to videos and images covered by Mediaset's copyrights, and comments on a Facebook profile damaging Mediaset's reputation. The decision opens up a new perspective on the obligation on the part of so-called "passive" hosting providers to promptly remove unlawful content on their servers, even if they have no say on the posted information. According to the decision, the "actual awareness" of the violation triggers the providers' liability. Providers must therefore carefully examine any notice of infringement they receive.

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