November 22, 2011 by Giovanni Maria Riccio
Giovanni Maria Riccio is a Professor of Private Comparative Law at the University of Salerno, a Partner at Scorza Riccio & Partners, Rome, Italy, and an IP Osgoode Research Affiliate. He is also an Editor of MediaLaws: Law and Policy of the Media in a Comparative Perspective, www.medialaws.eu. The re-posting of this analysis is part of a cross-posting collaboration with MediaLaws.
The Court of Rome has issued an interesting decision, stating that a hosting provider is liable only if he has “not promptly complied with the order of the judicial or administrative authority aimed at preventing access to illegal information, or where he is aware of the illicit nature of the contents of a service he provides access to, and he has failed to inform the competent authority”.