Liability of Internet intermediaries for user-generated content: An examination of Oriental Press Group Ltd v Fevaworks Solutions Ltd

摘要

Internet intermediaries such as ISPs, web hosting companies, search engines and social media platforms play a distinctly vital role in enabling people to connect, interact and share. Their technical capabilities have led the Internet intermediaries to face increasing pressure from governments and non-governmental organisations to police content or run the risk of being held liable for user-generated content. This paper has a three-fold purpose. First, the paper deals with Hong Kong's Court of Final Appeal decision in Oriental Press Group Ltd v Feuaiuorfes Solutions Ltd 2012. Second, it compares and analyses the decision with that of the English Appellate decision in Tamiz u Google Inc. Having considered the availability of defences in Hong Kong in an era of free and pervasive open communication platforms, the paper finally concludes with a call for a review for a greater level of protection for ISPs and Internet intermediaries.