Liability of internet intermediaries safe and future-proof harbours?

Abstract

Twenty years after the enactment of Directive 2000/31 of 8 June 2000, on electronic commerce (ECD), it seems that the time has come to adapt its safe harbours regulatory framework to the new internet business models. All the signs are that the purpose of the new ECD will no longer be to preserve the safe harbours now available to providers of intermediation services (arts. 12-14 ECD), but to prevent new digital structures (platforms) from promoting and disseminating illicit activities. In short, it is foreseen an increase in their duties of diligence, with the risk of censorship caused by an excess of zeal in the search for illegalities and the corresponding damage to the freedom of enterprise. Directive 2019/790 of 17 April 2019 on copyright and related rights in the Digital Single Market is just a good example of the changes that have already taken place.