Ensuring freedoms and protecting rights in the governance of the Internet: A comparative analysis of blocking measures of illegal Internet content and the liability of ISPs

Removing illegal or harmful material from the internet has been pursued for more than two decades. The advent of Web 2.0, with the prominent increase and diffusion of user-generated content, amplifies the necessity for technical and legal frameworks enabling the removal of illegal material from the network. This study deals with different levels and methods of Internet ‘cleansing’ measures, comparing government regulated and Internet service provider based removals of illegal Internet content. The paper aims at putting the regulatory option of internet blocking measures into the broader perspective of the legal framework regulating the (exemption from) liability of Intermediary Service Providers (ISPs) for user-generated contents. In addition, the paper suggests proposals on which regulatory options can better ensure the respect of freedoms and the protection of rights. The paper introduces several significant cases of blocking online copyright infringing materials. Copyright related blocking techniques have been devised for business reasons – by copyright holders’ associations. It must be recalled, however, that these blocking actions cannot be enforced without the states’ intervention. These business-level actions become isolated if they are not supported by both the European Union and its Member States. Conversely, state-centred initiatives cannot work out without the private sector’s cooperation. Internet service providers play a crucial role in this cooperative framework because of their task of providing access to the Internet and hosting web contents.