News
The hosting provider’s liability
- 14/05/2019
The Court of Cassation, Section I, in sentence no. 7708 dated 19.3.2019, stated that within the services provided by information societies, the responsibility of the cd. caching, foreseen by the art. 15 of Legislative Decree no. 70 of 2003, exists for the service provider who has not proceeded with the immediate removal of the illicit contents, even though he was ordered to do so, by an administrative or judicial authority.
In the context of information society services, the hosting provider's responsibility lies with the service provider who has not proceeded with the immediate removal of illicit content, in case of i) is aware of the offense committed by the recipient of the service or the unlawfulness of the conduct of the other is reasonably ascertainable, so that he is seriously at fault for not having positively found it, (ii) has the possibility of activating himself to remove the content illegally entered.
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