Platform Liability Management is a critical legal service for digital intermediaries — marketplaces, social networks, forums, and hosting providers. Online platforms are under constant risk due to illegal content posted by third parties (users), be it copyright infringement, defamation, sale of prohibited items, or hate speech. The Law on E-Commerce in Georgia and European standards (DSA) establish principles for limiting platform liability (Safe Harbor), but this protection is not absolute. A platform is obliged to have effective mechanisms for detecting and removing illegal content.
Improper management can lead to joint liability for the platform regarding user actions. Legal.ge offers access to lawyers who will help you develop "Notice and Takedown" procedures, User Agreements, and moderation policies to minimize legal risks.
What does the Platform Liability Service cover?
The service ensures maintaining the platform's "immunity":
- Notice and Takedown Procedure: Creating a clear algorithm on how the platform should respond to complaints about illegal content (deadlines, assessment criteria).
- Terms of Service (ToS): Drafting rules that clearly state what is prohibited and what sanctions (blocking, deletion) face violating users.
- Intellectual Property Protection: Mechanism for dealing with copyright holders.
- Moderation Policy: Legal aspects of content filtering — where the line is between censorship and lawful moderation.
- Cooperation with Law Enforcement: Drafting procedures for sharing information with police when a crime is detected.
Common Real-World Scenarios
Platforms often face dilemmas:
- Counterfeit Products: A seller listed fake "Adidas" shoes on a marketplace. The brand owner sues the platform.
- Defamation: One user insulted another on a forum. The victim demands the post be deleted and the author's IP address revealed.
- Prohibited Items: An ad for weapons or drugs appeared on a classifieds site.
- User Blocking: The platform blocked a user for violating rules, and the user claims restriction of "freedom of speech."
Legal Framework: Intermediary Liability
According to legislation, a platform is not obliged to monitor all information uploaded by users in advance. However, as soon as the platform becomes aware of an illegal act (e.g., receives a substantiated complaint), it is obliged to act immediately to remove the information or restrict access. Otherwise, the platform loses immunity and becomes complicit.
Step-by-Step Service Process
- Audit: Analyzing platform type and risks.
- Procedures: Creating complaint forms and response protocols.
- Documentation: Updating ToS.
- Training: Educating moderators on legal issues.
Why choose a specialist on Legal.ge?
Platform business is scalable, which means scalable risks. One delayed response can lead to a lawsuit. Lawyers on Legal.ge will help you create a safe digital environment where the business is protected from liability, and users are protected from illegal content.
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