Online accountability
June 18, 2010 | BY
clpstaff &clp articlesTwo sub-clauses in the new PRC Tort Liability Law determine for the first time the responsibility of network service providers regarding online infringement matters. But implementation and how the courts interpret unclear aspects of the clauses await testing
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On December 26 2009, the Standing Committee of the PRC People's Congress promulgated the PRC Tort Liability Law (中华人民共和国侵权责任法) , which will become effective on July 1 2010. Sub-clauses 2 and 3 of Article 36 of the Tort Liability Law (the Clauses) require network service providers to take necessary measures to prevent the expansion of the infringement committed by network service users in any of the following two circumstances: (i) where it receives a notice of infringement from the party who claims that his rights have been infringed (Sub-clause 2); and (ii) where it knows that the infringement has taken place by using its network services (Sub-clause 3).
This is the first time that a congress legislation provides for specific rules regarding the liability of network service providers. Legal practitioners and the internet industry are closely observing how the Clause is to be implemented and how it will influence the industry.