Intermediary Liability

As the Internet and communications technology flourishes, pressure is increasingly being placed on platform providers to face legal liability for the illegal activity of their users. "Intermediary liability" is when the unlawful activity or speech of third parties (such as an online platform's customers or users) can result in the platform itself being found legally and financially responsible for that third party misconduct.

Shifting liability onto the technology platform can have significant impact on innovation and freedom of expression, and so there are laws protecting online platforms and regulating the imposition of legal liability onto intermediaries. Section 230 of the Communications Decency Act (CDA) and the safe harbor provisions of the Digital Millennium Copyright Act (DMCA) are two examples of US legislation regulating the imposition of liability onto intermediaries who provide online or other communication services. Internet companies like Google, Facebook, and Twitter all depend upon these immunities from liability for the activity of their users, and these protections have been a driving force in the growth of the Internet and communications technology.

Imagine Law's attorneys have significant experience handling intermediary liability matters, including those brought under the DMCA and also under Section 230 of the CDA. We represent intermediaries such as online platforms and service providers who depend upon the legal immunities to operate business in an online environment. For more than two decades, we have guided our clients through the statutory intricacies and evolving case law required to maintain their legal immunity in a rapidly changing world.

Internet businesses and other online platforms with concerns about the imposition intermediary liability due to their users' violations of intellectual property rights, defamation, hate speech, or other illegal activity should contact the attorneys at Imagine Law to learn how to fit within the legal immunities.