46
In those circumstances, an obligation such as the one described in paragraphs 41 and 45 above, on the one
hand — in so far as it also extends to information with equivalent content — appears to be sufficiently
effective for ensuring that the person targeted by the defamatory statements is protected. On the other
hand, that protection is not provided by means of an excessive obligation being imposed on the host
provider, in so far as the monitoring of and search for information which it requires are limited to
information containing the elements specified in the injunction, and its defamatory content of an
equivalent nature does not require the host provider to carry out an independent assessment, since the latter
has recourse to automated search tools and technologies.
47
Thus, such an injunction specifically does not impose on the host provider an obligation to monitor
generally the information which it stores, or a general obligation actively to seek facts or circumstances
indicating illegal activity, as provided for in Article 15(1) of Directive 2000/31.
48
In the third place, although the referring court does not provide any explanations in that regard in the
grounds for its order for reference, the wording of the questions which it addressed to the Court suggests
that its doubts also concern the issue whether Article 15(1) of Directive 2000/31 precludes injunctions
such as those referred to in paragraphs 37 and 46 above from being able to produce effects which extend
worldwide.
49
In order to answer that question, it must be observed that, as is apparent, notably from Article 18(1),
Directive 2000/31 does not make provision in that regard for any limitation, including a territorial
limitation, on the scope of the measures which Member States are entitled to adopt in accordance with that
directive.
50
Consequently, and also with reference to paragraphs 29 and 30 above, Directive 2000/31 does not
preclude those injunction measures from producing effects worldwide.
51
However, it is apparent from recitals 58 and 60 of that directive that, in view of the global dimension of
electronic commerce, the EU legislature considered it necessary to ensure that EU rules in that area are
consistent with the rules applicable at international level.
52
It is up to Member States to ensure that the measures which they adopt and which produce effects
worldwide take due account of those rules.
53
In the light of all the foregoing, the answer to the first and second questions is that Directive 2000/31, in
particular Article 15(1), must be interpreted as meaning that it does not preclude a court of a Member State
from:
–
ordering a host provider to remove information which it stores, the content of which is identical to
the content of information which was previously declared to be unlawful, or to block access to that
information, irrespective of who requested the storage of that information;
–
ordering a host provider to remove information which it stores, the content of which is equivalent to
the content of information which was previously declared to be unlawful, or to block access to that
information, provided that the monitoring of and search for the information concerned by such an
injunction are limited to information conveying a message the content of which remains essentially
unchanged compared with the content which gave rise to the finding of illegality and containing the
elements specified in the injunction, and provided that the differences in the wording of that
equivalent content, compared with the wording characterising the information which was previously
declared to be illegal, are not such as to require the host provider to carry out an independent
assessment of that content, or
–
ordering a host provider to remove information covered by the injunction or to block access to that
information worldwide within the framework of the relevant international law.