Tort Liability of Internet Service Providers: A Comparative Study

Abstract

This article examines the tort liability of Internet service providers (ISPs) for unlawful online content, with particular attention to access providers, hosting providers, and information providers. It adopts a comparative analytical approach based on legal scholarship, selected case law, and legislation from the United States, the European Union and France, Algeria, and Bahrain. The study evaluates three principal bases of liability: proven fault, risk-based liability, and special intermediary-liability regimes. It finds that the decisive factors are the provider's role, its knowledge of unlawful content, its ability to control or disable access, and the speed of its response after receiving notice. Purely technical intermediaries are generally protected from liability where they neither create nor control the content and act promptly upon acquiring knowledge. By contrast, liability may arise where a provider creates or develops content, exercises substantive control, or fails to remove or block unlawful material after notice. The article supports clearer statutory rules, specialized judicial mechanisms, judicial training, and stronger international cooperation.