Share This Article
I receive more and more requests of advice from clients having a Fan Page on Social Networks dedicated to their company trademark or one of their major products in relation to the liability for the contents published on the Fan Page.
In most of the cases the question is “Who is the owner of our Fan Page? The Fan Page is not on our website!”, but also different questions arise reviewing this issue such as:
- are Fan Page creators hosting providers or content providers for the purposes of the E-Commerce Directive 2000/31/EC and in particular is the hosting providers’ liability exemption prescribed by the E-Commerce Directive applicable to Fan Page creator;
- since most of Social Networks are managed by companies based in the US, is the E-Commerce Directive 2000/31/EC (and the relative liability regime) applicable to them?
- who is responsible for monitoring Fan Pages? Fan Page creators? Social Networks? None?
- can Fan Pages be considered equal to a Forum or a Blog? And what is the consequence of the different qualification in terms of applicable liability regime?
- in case of defamatory comments, IP breaches or unfair competition conducts through Fan Pages what Fan Page creators can do? and how can they protect their interest?
- what type of contractual relationship is in place between Fan Page creators and Social Networks?
There are plenty of other questions that can arise on this topic. Feel free to contact me, Giulio Coraggio, if you want to discuss the matter or review your potential liability risks in relation to Fan Pages.
Image courtesy of Flickr by Jake Rocheleau
Image courtesy of Flickr by Jake Rocheleau
(Visited 1 times, 1 visits today)
