Czech RepublicZákon o některých službách informační společnosti (Act on Certain Information Society Services), Sections 3 to 6, Provider Liability
In force since .
An intermediary liability rule binding private bodies.
- Obligation class
- Governance
As of .
What it requires
- To stay free of liability for information users store on your service, act promptly once you demonstrably learn that the content or the user's conduct is unlawful: take every step that can be required of you to remove or block access to the information.
- Do not exercise a direct or indirect decisive influence on the user's activity, because a hosting provider that does so is always liable for the stored content.
- To keep the caching exemption, act at once to remove or block the cached information once you learn that it was removed or blocked at its original source or that a court ordered its withdrawal or blocking.
What this law does
Section 3(1) of the Act on Certain Information Society Services makes a provider of a service that consists of transmitting information a user provides over electronic communications networks, or of giving access to those networks, liable for the content transmitted only if it initiates the transmission, chooses the user to whom the information goes, or chooses or changes the content.
Section 3(2) treats automatic, short-term, temporary storage of the transmitted information as part of that transmission.
Section 4 makes a provider that transmits information liable for the content of information automatically stored in a temporary cache only if it changes the content, fails to meet the conditions of access, ignores the industry update rules, exceeds the permitted use of a recognized technology to collect data on use, or fails to act at once to remove or block the stored information once it learns that it has been removed from the original source, blocked there, or ordered withdrawn by a court.
Section 5(1) makes a provider of a service that stores information a user provides liable for the content stored at the user's request only if it could, given its activity and the circumstances, have known that the content or the user's conduct was unlawful, or demonstrably learned of the unlawful nature and did not promptly take every step that can be required of it to remove or block the information.
Section 5(2) makes that provider always liable for the stored content if it exercises a direct or indirect decisive influence on the user's activity. Section 6 states that the providers in Sections 3 to 5 are not obliged to supervise the content of the information they transmit or store, or to search actively for facts and circumstances pointing to unlawful content.
When LexLint raises it
When your app profile says your app operates a social platform.