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Sitehouder aansprakelijk voor forum

Is een websitehouder aansprakelijk voor onrechtmatige berichten die bezoekers van de site in een forum achterlaten? Volgens de rechtbank te Hamburg wel.

In een geschil tussen uitgever Heise en Mario Dolzer, een notoire domeinnaamkaper, oordeelde de rechtbank op 6 december van wel. Het is een opvallende uitspraak. Heise had betoogd dat zij slechts aansprakelijk kon zijn als zij na ontvangst van een melding m.b.t. een onrechtmatig bericht het bericht niet verwijderde. De rechtbank vindt dat niet ver genoeg gaan en vindt dat de uitgever pro-actief berichten moet beoordelen op rechtmatigheid.

De advocaat van Heise merkt m.i. terecht op dat een dergelijke uitspraak indruist tegen de richtlijjn elektronische handel.

"Joerg Heidrich, the lawyer representing Heise Zeitschriften Verlag, had the following to say about this ruling: "If this decision sets a precedent, every provider who offers readers the possibility of posting comments without filters will be immediately liable for breaches of the law in those comments and can be sued." Heidrich pointed out that this issue not only affects forums, but also all other forms of communication such as blogs, guest books, and even chat rooms. Heidrich holds that this ruling clearly contradicts the expressed will of the German parliament and of an EU directive stating that service providers are not obligated to monitor the information that they only transmit or store."

Lees hier het bericht.

BRON: Heise


PAGINA DOORSTUREN

DEZE PAGINA IS SUCCESVOL DOORGESTUURD!

REACTIES (8)

FredaxFlemingun maandag 22 november 2010 18:49

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GloriaDege zaterdag 16 augustus 2014 22:18

Hi,

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Best,
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