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.
NEWS
- 14/03/2024
The Court of Cassation, in its Order No. 34889 of 13.12.2023, ruled that banking or financing contracts that refer to a manipulated Euribor rate through a restrictive agreement by credit instituti...
- 12/03/2024
The Court of Cassation, in its judgment of 26 February 2024, no. 5068, ruled that "The transfer of a professional athlete from one sports club to another, in return for payment and before the natur...
Telephone services: 28-day billing unlawful according to the Court of Cassation
29/02/2024The Court of Cassation, Sec. III, in its judgment of 15.2.2024, no. 4182, ruled that "It is a misleading practice and therefore prohibited for a telephone operator to establish a payment frequency ...