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Duty of care of the link service provider: judicial experiences in China

Ling Yu

Keywords: link service; duty of care; link model; link content; benefit from infringement

Chinese law has adopted the safe harbour principle from American law which emphasizes that Internet Service Providers (ISPs) do not have a general obligation for monitoring. However, in judicial practice, the courts have put forward the requirement of duty of care. This paper analyses the Chinese courts’ judgments since 2001, when legislative protection of the ‘right to network dissemination of information’ was introduced. It intends to analyse the specific contents of the duty of care of ISPs and related impact factors in judicial practice, including the link model, link content, and whether to obtain economic benefits.

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