Summary

The Internet and, in particular, communication via the Internet, is a new and revolutionary phenomenon. However, it is clear that a majority of legislation protecting personal rights is also applicable to communications in the cyber space. Due to the differences of the Internet from other forms of media, there are numerous legal questions giving rise to lively discussions. The author outlines the problem, heatedly debated in advanced countries, whether and to what extent Internet service providers are liable under civil law for the materials published on the Internet by their clients, and specifically in the case of defamation. The author examines the corresponding provisions of the US, English and German laws and the case law in issues regarding the liability of Internet service providers.

Analysing the legal status of Internet service providers, the author argues that their activities are similar to those of distributors rather than publishers as they are presumably unaware of the content of the messages transmitted. Therefore, the author favours the position that an Internet service provider should be released from liability for defamatory materials published by Internet service users on the server administered by the Internet service provider, but it should be possible to identify the person transmitting the data.

As the civil law liability of Internet service providers for materials transmitted by third persons is not regulated in Estonia, the author suggests the transposition of the so-called e-commerce directive of the European Communities into the Estonian law. Further, the author considers it advisable to pass a special Act regulating e-commerce, including the liability of Internet service providers.