馬尼拉原則之中間人責任 MANILA PRINCIPLES ON INTERMEDIARY LIABILITY
INTRO
All communication over the Internet is facilitated by intermediaries such as Internet access providers, social networks, and search engines. The policies governing the legal liability of intermediaries for the content of these communications have an impact on users’ rights, including freedom of expression, freedom of association and the right to privacy.
With the aim of protecting freedom of expression and creating an enabling environment for innovation, which balances the needs of governments and other stakeholders, civil society groups from around the world have come together to propose this framework of baseline safeguards and best practices. These are based on international human rights instruments and other international legal frameworks.
Uninformed intermediary liability policies, blunt and heavy-handed regulatory measures, failing to meet the principles of necessity and proportionality, and a lack of consistency across these policies has resulted in censorship and other human rights abuses by governments and private parties, limiting individuals’ rights to free expression and creating an environment of uncertainty that also impedes innovation online.
The framework presented here should be considered by policymakers and intermediaries when developing, adopting, and reviewing legislation, policies and practices that govern the liability of intermediaries for third-party content. Our objective is to encourage the development of interoperable and harmonized liability regimes that can promote innovation while respecting users’ rights in line with the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights and the United Nations Guiding Principles on Business and Human Rights.
1 Intermediaries should be shielded from liability for third-party content
Any rules governing intermediary liability must be provided by laws, which must be precise, clear, and accessible.
Intermediaries should be immune from liability for third-party content in circumstances where they have not been involved in modifying that content.
Intermediaries must not be held liable for failing to restrict lawful content.
Intermediaries must never be made strictly liable for hosting unlawful third-party content, nor should they ever be required to monitor content proactively as part of an intermediary liability regime.
2 Content must not be required to be restricted without an order by a judicial authority
Intermediaries must not be required to restrict content unless an order has been issued by an independent and impartial judicial authority that has determined that the material at issue is unlawful.
Orders for the restriction of content must:
Provide a determination that the content is unlawful in the jurisdiction.
Indicate the Internet identifier and description of the unlawful content.
Provide evidence sufficient to document the legal basis of the order.
Where applicable, indicate the time period for which the content should be restricted.
Any liability imposed on an intermediary must be proportionate and directly correlated to the intermediary’s wrongful behavior in failing to appropriately comply with the content restriction order.
Intermediaries must not be liable for non-compliance with any order that does not comply with this principle.
馬尼拉原則之中間人責任 MANILA PRINCIPLES ON INTERMEDIARY LIABILITY