THE LIABILITY OF INTERNET INTERMEDIARIES FOR THIRD PARTY’S INFRINGEMENT

Abstract

This paper examined the liability of internet intermediaries for third-party infringement within the evolving digital environment. It traced the emergence of internet intermediaries, including internet service providers, social media platforms, search engines, and hosting services, and explored their increasing role in facilitating online communication and commerce. Using the doctrinal research method, the paper analysed relevant statutes, judicial decisions, and scholarly literature. The paper identified challenges such as the absence of comprehensive intermediary liability regulations, difficulties in monitoring online content, jurisdictional complexities, and the need to balance innovation with rights protection. Lessons were drawn from the United States, particularly the safe-harbour regime and notice-and-takedown mechanisms, which provide a balanced framework for addressing online infringements. It recommended the enactment of specific intermediary liability legislation, adoption of clear safe-harbour provisions, establishment of efficient notice-and-takedown procedures, and enhancement of regulatory and judicial capacity to ensure accountability while preserving freedom of expression and digital innovation.