Liability of Internet intermediaries for user-generated content : An examination of Oriental Press Group Ltd v Fevaworks Solutions Ltd

Research output: Journal Publications and Reviews (RGC: 21, 22, 62)21_Publication in refereed journalpeer-review

2 Scopus Citations
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Original languageEnglish
Pages (from-to)131-138
Journal / PublicationComputer Law and Security Review
Volume31
Issue number1
Online published24 Jan 2015
Publication statusPublished - Feb 2015

Abstract

Internet intermediaries such as ISPs, web hosting companies, search engines and social media platforms play a distinctly vital role in enabling people to connect, interact and share. Their technical capabilities have led the Internet intermediaries to face increasing pressure from governments and non-governmental organisations to police content or run the risk of being held liable for user-generated content. This paper has a three-fold purpose. First, the paper deals with Hong Kong's Court of Final Appeal decision in Oriental Press Group Ltd v Fevaworks Solutions Ltd 2012. Second, it compares and analyses the decision with that of the English Appellate decision in Tamiz v Google Inc. Having considered the availability of defences in Hong Kong in an era of free and pervasive open communication platforms, the paper finally concludes with a call for a review for a greater level of protection for ISPs and Internet intermediaries.

Research Area(s)

  • Internet intermediaries Oriental Press Group v Fevaworks Solutions Ltd Tamiz v Google Inc