E-commerce Directive: does not preclude the application of national rules of civil liability for defamation

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‘Information society services’ covers provision of online information services for which the service provider is remunerated by income generated by advertisements posted on a website

"30. In the light of the foregoing, the answer to the fourth question is that Article 2(a) of Directive 2000/31 must be interpreted as meaning that the concept of ‘information society services’, within the meaning of that provision, covers the provision of online information services for which the service provider is remunerated, not by the recipient, but by income generated by advertisements posted on a website."

E-commerce Directive does not preclude the application of national rules of civil liability for defamation

"36. It follows that, there being no additional information from the referring court, the answer to the first question is that, in a case such as that at issue in the main proceedings, Directive 2000/31 does not preclude the application of rules of civil liability for defamation."

Limitations of liability for agents do not apply to the case of a newspaper publishing company which operates a website on which the online version of a newspaper is posted since it has knowledge of the posted information and has control over it

"46. In the light of the foregoing, the answer to the fifth question is that the limitations of civil liability specified in Articles 12 to 14 of Directive 2000/31 do not apply to the case of a newspaper publishing company which operates a website on which the online version of a newspaper is posted, that company being, moreover, remunerated by income generated by commercial advertisements posted on that website, since it has knowledge of the information posted and exercises control over that information, whether or not access to that website is free of charge."

Limitations of liability for agents may apply in the context of proceedings between individuals relating to civil liability for defamation

"50 Consequently, the answer to the second question is that the limitations of civil liability specified in Articles 12 to 14 of Directive 2000/31 are capable of applying in the context of proceedings between individuals relating to civil liability for defamation, where the conditions referred to in those articles are satisfied."

E-commerce Directive does not allow Information society service providers to bring legal proceedings for civil liability against them in
 

"57. As a result, the answer to the third question is that Articles 12 to 14 of Directive 2000/31 do not allow information society service providers to oppose the bringing of legal proceedings for civil liability against them and, consequently, the adoption of a prohibitory injunction by a national court. The limitations of liability provided for in those articles may be invoked by the provider in accordance with the provisions of national law transposing them or, failing that, for the purpose of an interpretation of that law in conformity with the directive. By contrast, in a case such as that in the main proceedings, Directive 2000/31 cannot, in itself, create obligations on the part of individuals and therefore cannot be relied on against those individuals."

IPPT20140911, CJEU, Papasavvas v OFDE

C291/13 - ECLI:EU:C:2014:2209