DEFAMATION ON THE INTERNET. WHAT ARE THE LIABILITIES FOR THE SERVICE PROVIDER?

A recent ruling by the Court of Rome has established that the operator of an online platform is not required to proactively monitor the content published on it, but is obligated to conduct a subsequent review in the event that a user of the service reports an illegal act.

The Court examines the issue of whether a provider is subject to an obligation to remove content: essentially, the question is whether, in response to a user’s complaint that the content of a Facebook page is harmful, the owner must proceed without delay or further investigation to immediately remove the unlawful content. According to the Roman court, the answer is no. There does not appear to be any requirement for platform operators to preemptively monitor published content, given that their sole duty is to conduct a subsequent review of specific content following a report of an unlawful act.

In the opinion of the Court of Rome, therefore, a report or formal notice imposes on the hosting provider a duty to immediately assess the content in question, but the obligation to remove it ex parte arises only if the content is manifestly and clearly unlawful.

All things considered, this is a reasonable decision that strikes a balance between, on the one hand, the need to hold online service providers accountable and, on the other hand, avoiding burdening them with the role of censor.