Professor Friedmann Wrote the Chapter on China for The Oxford Handbook of Online Intermediary Liability
Professor Danny Friedmann wrote the chapter “Oscillating from Safe Harbor to Liability: Towards Omniscient Intermediaries in China”, which will be published in the The Oxford Handbook of Online Intermediary Liability, edited by Professor Giancarlo Frosio, on 4 May 2020. The chapter describes the opposing and strengthening forces that influence Intermediary Liability regulation in the People’s Republic of China. China’s E-Commerce Law draft raises the standard for knowledge before infringing information might be removed; while the many laws and regulations involved in censorship exclude the possibility of ignorance. Moreover, the existent technological level of big data and developments in artificial intelligence have caught up with discussions about the desirability of safe harbors and the degree of filtering requirements. On the other hand, there is case law, recently codified in guidelines for Beijing courts, which is reinforcing the duties of care. Read a pre-publication version of the chapter here.