Internet Service Providers (ISP) are increasingly expected to act as judges in the digital domain. Notice and Take Down (NTD) is a process regularly operated, and you will often be expected to comply. As a result, online intermediaries often feel caught between two kinds of liability. When is content unmistakably illegal, thus causing it to have to be removed? And what if you unrightfully remove a legitimate user’s content? Considerati’s legal experts have a great deal of experience of Notice-and-Take-Down procedures and will gladly support your organisation.

Notice and Take Down: how and why?

An ISP’s service or application may be used to disseminate or store material which constitutes a copyright violation or is legally prohibited. It is vital that you have a solid Notice-and-Take-Down strategy in place to prevent being held liable for such material. If you have an NTD policy, you will enable persons whose interests are at stake or government agencies to notify you of infractions, after which you can take steps to remedy these at once, thus preventing financial damage and damage to your reputation. In addition, a sound Notice-and-Take-Down policy must contain a sufficient level of security for your users, so that you will not unrightfully remove material and be held liable for any damage which may be sustained by a user as a result of said removal.

Considerati’s expertise

Considerati has drawn up Notice-and-Take-Down procedures for many large and well-known international online intermediaries. In addition, Considerati helps assess third-party requests for content removal. In other words, Considerati is well placed to help you draw up a Notice-and-Take-Down procedure and to organise workshops or other courses for members of your organisation in which they will receive practical advice on how to assess the legitimacy of content. In this way you will minimise the risk of being held liable by third parties for unrightfully removing content or failing to remove content.

Want to know more?

Nathalie Falot

Senior Legal Consultant