LegalGELegalGE
...

Platform Liability

Am I liable for copyrighted content uploaded by users?

Generally, platforms benefit from "Safe Harbor" provisions if they act purely as intermediaries. However, you must implement a "Notice and Takedown" system to promptly remove infringing content once notified to maintain this immunity.

Why do I need Terms of Service (ToS) for my website?

ToS acts as a legally binding contract between you and your users. It allows you to set rules of conduct, limit your liability for system failures or user actions, and define grounds for terminating user accounts.

What happens if a user posts defamatory statements on my forum?

Under Georgian law on Freedom of Speech, the platform is usually not liable for user defamation unless you are the author or endorse the content. However, failing to remove such content after a court order or valid notice can create liability.

How does GDPR affect Georgian platforms?

While Georgia is not in the EU, its Law on Personal Data Protection is aligned with European standards. If you process user data, you must have a transparent Privacy Policy and obtain proper consent; otherwise, you face fines from the Personal Data Protection Service.

Reading Time

3 min

Published

...

Managing online platforms, whether a petition site for social change, a crowdfunding platform, or an educational forum, involves significant legal risks. "Platform Liability" refers to the obligations of an Intermediary Service Provider regarding content posted by users. The "Law on E-commerce" and the "Law on Freedom of Speech and Expression" in Georgia create certain protective mechanisms (Safe Harbors), but the platform is obliged to have clear procedures for removing illegal content (copyright infringement, defamation, hate speech). NGOs that own digital engagement platforms often face a dilemma: how to protect freedom of expression while avoiding liability for the actions of third parties.

Our service includes a legal audit of digital platforms and the creation of protection mechanisms. Specialists offer:

  • Drafting "Terms of Service" and "Privacy Policy";
  • Outlining "Notice and Takedown" procedures for illegal content;
  • Formulating liability limitation clauses (Disclaimers);
  • Creating a system for managing copyright infringement notifications;
  • Ensuring compliance with personal data protection for users;
  • Protecting the platform's interests in court in case of disputes.
This service reduces the risk of your organization becoming a defendant due to someone else's violation.

The issue of platform liability is relevant in real situations. For example, an NGO hosts a forum where a user posts private information about another person. If the platform does not have written rules and a rapid response mechanism, it may be considered complicit. Another example is a crowdfunding platform where a fraudster posts a fake project — the platform must have a disclaimer and verification mechanism to avoid financial liability to donors. Also, copyright infringement (e.g., illegal uploading of films to an educational portal) can be grounds for serious fines.

The legal framework relies on the "Law on E-commerce," which is analogous to European directives and establishes that an intermediary is not liable for information if they have no knowledge of its illegality and react to a notification. The "Law on Freedom of Speech and Expression" protects the platform in defamation disputes if it is not the author of the information. However, the "Law on Personal Data Protection" imposes strict obligations on data security. A lawyer helps you balance these laws.

The process begins with an analysis of the platform's functionality. The lawyer checks what type of User-Generated Content (UGC) is created. Detailed rules are then written, to which the user must consent upon registration. With the help of a specialist on Legal.ge, you will be able to create a safe digital space for your beneficiaries.

Legal.ge is a platform for technology law experts. Do not leave your online resource unprotected. Ensure a legal shield for your platform with Legal.ge.

Updated: ...

Specialists for this service

Loading...