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French Supreme Court invalidates "Take down and stay down" rule

11 July 2013

Global Media and Communications Quarterly: social media
This article discusses the French Supreme Court rule, that a hosting platform has no obligation to ensure that hosted content that has been previously notified is not later re-posted online by its users. Various case decisions held hosting providers liable for re-posting content. However it happened to conflict with Article 15 of the e-commerce Directive, after which the French courts were no longer able to impose on hosting providers obligations.

The team

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