IDEAS home Printed from https://ideas.repec.org/p/zbw/itsb18/190423.html
   My bibliography  Save this paper

Internet Intermediary Liability under the Internet Governance: Taiwan's Legislative Action

Author

Listed:
  • Yeh, Chih-Liang
  • May, Cheryl Toh Shuet

Abstract

The Internet intermediary has difficulty to monitor all the information on the website. To solve the issue whether the intermediary should be jointly liable for the direct infringer regarding the infringing content, current Copyright Law has rendered an immunity constructed by the notice-and-takedown rule, which does not extend to the other types of online infringement. Such a cooperative obligation has made the intermediary bear heavy burden to monitor online activities. Some countries provide the mechanism of site blocking to protect the rights of right holders; however, such a measure has been challenged by many sectors of community. Recently Taiwan's government announced the proposal of Digital Communications Act attempting to adopt the multi-stakeholders model of Internet Governance to make a smooth communication and to keep the government from intervene the Internet management by administrative measures. It also helps establish the mechanism of value compensation among right holders, users and intermediaries and maintain the neutral role of intermediary to check balances of various interests. This paper attempts to explore the legal development of Internet intermediary liability, to understand the jurisprudential meaning of the concept of Internet governance, and to review whether current legal remedies are enough or not, especially focusing on whether the site blocking measure can be adopted and how to make balances of interests. This paper makes solid suggestions to correct the flaws of the legislation of Digital Communications Act and argues that the Internet Governance focuses not only on the legitimacy of procedural participation but also on the protection of substantial rights, so as to preserve the sound development of entire Internet.

Suggested Citation

  • Yeh, Chih-Liang & May, Cheryl Toh Shuet, 2018. "Internet Intermediary Liability under the Internet Governance: Taiwan's Legislative Action," 22nd ITS Biennial Conference, Seoul 2018. Beyond the boundaries: Challenges for business, policy and society 190423, International Telecommunications Society (ITS).
  • Handle: RePEc:zbw:itsb18:190423
    as

    Download full text from publisher

    File URL: https://www.econstor.eu/bitstream/10419/190423/1/G4_1_Yeh-and-Toh.pdf
    Download Restriction: no
    ---><---

    More about this item

    Keywords

    Internet Governance; Multi-stakeholders Model; Internet Intermediary Liability; Safe Harbors; Site Blocking; Digital Communications Law;
    All these keywords.

    NEP fields

    This paper has been announced in the following NEP Reports:

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:zbw:itsb18:190423. See general information about how to correct material in RePEc.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: . General contact details of provider: http://www.itsworld.org/ .

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: ZBW - Leibniz Information Centre for Economics (email available below). General contact details of provider: http://www.itsworld.org/ .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service hosted by the Research Division of the Federal Reserve Bank of St. Louis . RePEc uses bibliographic data supplied by the respective publishers.