14. Reparaţia de către o platformă online a prejudiciului cauzat de conţinutul ilicit postat pe respectiva platformă de un terţ
14. Reparation by an online platform of the damage caused by illicit content posted on that platform by a third party

Summary/Abstract: Most often, in cases involving the infringement of non pecuniary rights, the right to compensation is exercised by the injured party against the immediate author of the harmful act, namely the individual responsible for publishing defamatory materials in the public domain, whether online or in print. Although obtaining redress from the hosting service provider or online social media platform is not a common course of action, it may be successfully pursued if certain conditions are met – specifically, the general tort liability requirements stipulated by the Civil Code, alongside the special conditions laid down in Law No. 365/2002 on electronic commerce, and in the future, by the EU Regulations on digital services.

• Details
• Contents