The Notice and Takedown Procedure can be used to remove defamatory material or material that breaches copyright from the internet. Under the Electronic Commerce (EC Directive) Regulations 2002, Internet Service Providers (ISPs) have a defence to a defamation claim if, in effect, they can show that as soon as they were notified that the content of an article on a site they were hosting is defamatory or infringes copyright, they immediately removed it. In such circumstances, the ISPs are just ‘innocent disseminators’ of the material.
The procedure works by sending a notice to the ISP, advising them of the nature of the article and asking them to take it down. It’s obviously then up to the ISP whether it wants to defend the publication of the article or not, but if it does not remove the article, then it will no longer be able to rely upon the innocent dissemination defence.
Schillings are the leading lawyers in reputation management and brand protection; specialising in defamation and privacy for private clients and corporate organisations. Schillings have a very active dispute resolution department and we also provide family and matrimonial advice to our private client base of high-net worth individuals and celebrities. In addition, our sports department manages work in reputational, regulatory and sports sponsorship matters for some of the highest profile sports stars, brands and clubs.
If you have any queries please contact Schillings on 020 7034 9000 or email us at legal@schillings.co.uk