Law / Lithuania

Informacinės visuomenės paslaugų įstatymas (Law on Information Society Services), Articles 14 and 15(3) to (5), Provider Liability

Articles 14 and 15(3) to (5) Law on Information Society Services (Informacinės visuomenės paslaugų įstatymas Nr. X-614), as rewritten by Law Nr. XIV-2702

In force since .

An intermediary liability rule binding private bodies.

Obligation class
Governance

As of .

What it requires

  • To keep the exemption from liability for mere conduit, caching or hosting, meet the conditions in Articles 4 to 6 of Regulation (EU) 2022/2065, which Article 14 of the Law applies.
  • If you hold an account on an online platform and an authority that finds unlawful content gives you a binding instruction under the laws on restricting unlawful content, remove the unlawful content you prepared and any unlawful comments beneath it.

What this law does

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Research summary

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Article 14(1) of the Law on Information Society Services provides that the conditions for exempting providers of mere conduit, caching and hosting services from liability are those set in Articles 4 to 6 of Regulation (EU) 2022/2065. Article 14(2) provides that these providers are not treated as failing the exemption conditions because of voluntary investigations, and that no general monitoring or active fact-finding duty is imposed on them, as Articles 7 and 8 of the Regulation define.

Article 15(3) lets persons whose rights are infringed by information a provider transmits or stores complain to the provider, settle the matter before trial, or apply to a court to end or prevent the infringement, even though the provider is not liable for it under Article 14.

Article 15(4) provides that an account holder who removes an unlawful comment under a post of their own on an online platform is not subject to the duty in Article 17 of the Regulation to give the commenter a statement of reasons. Article 15(4) keeps the statement of reasons duty in Article 17 of the Regulation for the online platform itself when it restricts content generated by a recipient, comments included.

Article 15(5) imposes no general duty to monitor information and no duty to seek out facts about unlawful content on holders of platform accounts, and it provides that authorities that find unlawful content give account holders binding instructions to remove content they prepared or unlawful comments beneath it.

When LexLint raises it

When your app profile says your app operates a social platform.

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