The focal point of this Master’s thesis is the issue of liability for hyperlinking. Hyperlinking is a popular way of providing access to information online, allowing users to move from one site to the next by clicking on a hyperlink. The users are redirected to a web page that complements the content of the first page. The content on the linked website may be illegal for a variety of reasons. This raises the question of when and under what conditions the person who created the hyperlink is responsible for its illegal content.
This Master's thesis aims to determine the conditions under which a hyperlink provider could be responsible for the content to which the hyperlink leads. The law does not explicitly regulate this issue, so liability is assessed according to general rules. The general regime of liability of Internet intermediaries and exceptions to it in accordance with the Electronic Commerce Directive will be presented. Hyperlinks are not explicitly regulated in this Directive; however, following its example, some countries have formulated some general rules for hyperlinks. The assessment of liability for hyperlinked content largely depends on the actual circumstances of the case and the area of law covered by the alleged infringement. Therefore, the Master's thesis focuses on the areas of unfair competition, honor and reputation, and copyright. Following an analysis of the case law, the thesis presents shared starting points which could represent the basic principles of general regulation in the assessment of liability for the hyperlinked content.
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