Free Knowledge Advocacy Group EU
Notice and Take Down
Notice and Takedown is the appelation commonly used to refer to a process where an internet host or content provider removes content from their website and server due to its alleged illegality, most notably copyright infringement.
As the Wikimedia projects and our Chapters across Eruope are regularly targeted by take-down-summons and illegality claims and as the Wikimedia Foundation is one of the world's largest providers of content, the regulations and practices surrounding NnT influence the daily work of our community.
There are plans by the European Commission to release a Recoomendation on Notice and Take Down procedures and well as possibly a Directive on the issue. The topic is at the forefront of both, economic interests and freedom of speech, which makes it hot and heavy.
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Current Situation in the EU
The basis for notice and takedown procedures under EU law is article 14 of the Electronic Commerce Directive, adopted in 2000. Article 14 applies to content hosts in relation to all "illegal activity or information". Online hosts are not liable for the illegal activity, or information placed on its systems by a user, so long as the online host does not have "actual knowledge" of the activity or information. Upon obtaining such knowledge, the online host must act expeditiously to remove or to disable access to the information. The Directive does not set out notice and takedown procedures but it envisaged the development of such a process because online hosts who fail to act expeditiously upon notification lose limited liability protection. The Directive suggests that voluntary agreements between trade bodies and consumer associations could specify notice and takedown processes, and that such initiatives should be encouraged by member states. more info on NnT
A consultation on the subject ended September 2012. It is currenlty unclear whether the Commission will proceed with a Directive proposal. Meanwhile a Recommendation (regardless on the Directive proceedings) is expected by the end of 2013.
June-September 2012 - Public Consultation on Notice and Take Down
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