DELFI AS v. ESTONIA JUDGMENT
17
(e) the provider acts expeditiously to remove or to disable access to the information
it has stored upon obtaining actual knowledge of the fact that the information at the
initial source of the transmission has been removed from the network, or access to it
has been disabled, or that a court or an administrative authority has ordered such
removal or disablement.
2. This Article shall not affect the possibility for a court or administrative authority,
in accordance with Member States’ legal systems, of requiring the service provider to
terminate or prevent an infringement.”
Article 14 – Hosting
“1. Where an information society service is provided that consists of the storage of
information provided by a recipient of the service, Member States shall ensure that the
service provider is not liable for the information stored at the request of a recipient of
the service, on condition that:
(a) the provider does not have actual knowledge of illegal activity or information
and, as regards claims for damages, is not aware of facts or circumstances from which
the illegal activity or information is apparent; or
(b) the provider, upon obtaining such knowledge or awareness, acts expeditiously to
remove or to disable access to the information.
2. Paragraph 1 shall not apply when the recipient of the service is acting under the
authority or the control of the provider.
3. This Article shall not affect the possibility for a court or administrative authority,
in accordance with Member States’ legal systems, of requiring the service provider to
terminate or prevent an infringement, nor does it affect the possibility for Member
States of establishing procedures governing the removal or disabling of access to
information.”
Article 15 – No general obligation to monitor
“1. Member States shall not impose a general obligation on providers, when
providing the services covered by Articles 12, 13 and 14, to monitor the information
which they transmit or store, nor a general obligation actively to seek facts or
circumstances indicating illegal activity.
2. Member States may establish obligations for information society service
providers promptly to inform the competent public authorities of alleged illegal
activities undertaken or information provided by recipients of their service or
obligations to communicate to the competent authorities, at their request, information
enabling the identification of recipients of their service with whom they have storage
agreements.”
2. Directive 98/34/EC as amended by Directive 98/48/EC
42. Directive 98/34/EC of the European Parliament and of the Council
of 22 June 1998 laying down a procedure for the provision of information in