Liability of online intermediaries

Abstract

The Internet has the ability to create a global digital society. As society is becoming increasingly dependant on information technology it becomes essential to provide a solution for the complicated legal issues that may arise. The Internet opens new avenues of committing old crimes. As a result, introduction of new legislation and amendments to present laws become essential. Existing laws are not fully capable of being adapted to this truly new sphere of business. On the other hand the formulation of law is sometimes too slow to keep up with the fast pace undertaken by developments in technology. Traditionally, the formulation of law has been an evolutionary process adapting to suit the needs of society. In fact this thesis demonstrates that those countries that have enacted laws are faced with the problem that the rapid changing nature of technology has the potential of rendering any legislation redundant within a short period of time. Moreover ad hoe legislation may pose a further threat in that it risks stifling electronic commerce if it is unduly burdensome. Nevertheless it is better to have some form of regulation than no regulation at all. The ideal situation would be to have one governing body having the power to lay down and enforce one set of binding rules for the vast and amorphous flow of information.