Effective Knowledge Communication

Internet. A breakthrough for communication, but has its risks. Anyone can do, citing his right to freedom of expression, comments about a person, company or subject. However these comments sometimes can violate the rights of the person concerned. It is difficult to realize when it is being effectively violated the right of a third party. Requires providers of intermediation services a diligence or care with regard to information published on the Web site for which they are responsible. LSSI regulates this aspect in its article 16 defining the principle of effective knowledge, therefore cited intermediation services providers should be aware of the scope and limits of the same.

This rule indicates that only be responsible to the supplier of services of intermediation, the contents or expressions unlawful discharges by others on your website, without direct participation of the provider of these services, when it has effective knowledge of the illegality of the activity or information. More forward undertakes to delimit what is meant by effective knowledge indicating that it will be when a competent body has declared the wrongfulness of the data, ordered their withdrawal or that inhibit access to them, or been declared the existence of the injury, and the lender knew the corresponding resolution. Therefore a restrictive interpretation of article would entail that there must first be a trial by the competent authority in which you must declare the wrongfulness of the action or expression, later a communication to the owner of the website, which prompted the existence of the condemnatory resolution, and be invited to remove content from infringement of rights. Only if after this communication and invitation the Webmaster does not withdraw the content could be given responsible. However this article leaves an open door for the intermediation service provider can contribute their own control procedures, which in any case qualifies as volunteers.