Towards a wider scope for the duty of care of host internet service providers: The case of Eva Glawischnig-Piesczek v Facebook

Abstract

In the judgment of Glawischnig-Piesczek v Facebook (C-18/18) , the ECJ deviates from the existing judicial approach and deploys a wider interpretation of the scope of a duty of care; imposing a set of broader obligations to host ISPs. It is this wider scope for a duty of care which might come in conflict with a cluster of EU provisions and EU case law. In this light, this article critically examines the problematic aspects of this decision and its implications for the business welfare of host ISPs, the fundamental rights of internet users and the personality rights of victims of defamatory comments.