The European Commission is going to consult this year over take-down procedures for websites. Under the Electronic Commerce Directive, websites have no liability for illegal content that they host as long as they were not responsible for writing it and did not know about its illegal content, and act expeditiously to remove or disable access upon discovery about its illegality. The Commission is concerned about a lack of clarity in certain areas. It will ask questions such as the form in which notification of illegality should take, whether a content provider has a right to reply before the content is removed, and how fast the host should act?
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