FinlandLaki sananvapauden käyttämisestä joukkoviestinnässä (Freedom of Expression in Mass Media Act), Sections 17, 18 and 22, Court Orders to Intermediaries
In force since .
A notice and action rule binding private bodies.
- Obligation class
- Access restriction, Disclosure
As of .
What it requires
- If you keep a transmitter, server or other device that carries online messages and a court orders you to, hand over the identifying data needed to identify the sender of a message the court has found probably punishable, and expect a conditional fine if you do not.
- If a court orders you to suspend the distribution of a published online message that is evidently punishable, suspend it, and do not make it available again while a request to revoke the order is pending unless the court allows.
- If a court orders an online message found unlawful in content to be removed from public availability and destroyed, remove and destroy it.
Who enforces it
Enforcement body
District courts, on the application of a prosecutor, an investigation leader or the injured party; the Helsinki District Court may always hear an application for suspension.
What this law does
Section 3 of the Freedom of Expression in Mass Media Act applies only Sections 17 to 20 and 22 to activity that consists solely of the technical production, sending, transmission or distribution of a publication or online message.
Section 17 lets the court order the keeper of a transmitter, server or other device to hand over the identifying data needed to identify the sender of an online message, on the demand of an official entitled to arrest, a prosecutor or the injured party, if there is probable cause to suspect that making the message public is punishable. Section 17 lets the court back the disclosure duty with a conditional fine.
Section 18 lets the court, on the application of a prosecutor, an investigation leader or the injured party, order the publisher or the keeper of a transmitter, server or other device to suspend the distribution of a published online message if its content makes it evident that keeping it available is punishable.
Section 18 makes the suspension order lapse unless, within three months of the order, charges for an offence based on the message, a forfeiture claim under Section 22 or an action for damages are brought. Section 22 lets the court order an online message found unlawful in content to be removed from public availability and destroyed. Section 25 brought the Act into force on .
When LexLint raises it
When your app profile says your app operates a social platform.