Internet intermediary liability can have a significant deterrent effect on intermediaries’ willingness and ability to provide services, and therefore may end up hindering the development of the internet itself. For this reason, legislators around the globe have defined special “comfort zones” for the operation of intermediaries, also known as “safe harbours”, limiting the liability of such entities in specific sets of circumstances.
As this background paper illustrates, significant differences exist concerning the subjects of these limitations, their scope and their modes of operation. Nevertheless, international best practices can be identified that may provide useful guidance for the drafting or the improvement of the current legislation in a number of African countries.
APC welcomes the announcement by the Brazilian government to convene a global meeting in 2014 to address current internet governance public policy challenges and issues, and suggests specific topics for the agenda and mechanisms to ensure a diverse, meaningful and effective participation of all interested stakeholders.