Civil Liability of Content Producers and Providers in Cyberspace

Abstract

Technological advancement has rendered the influence of cyberspace on human life undeniable, and its significance continues to increase daily. Content is the central element of cyberspace. The growing use of cyberspace, on one hand, and the potential ability of content to cause harm to individuals, on the other, have heightened the necessity for legislative attention to this domain. Given that the actors in cyberspace can be broadly categorized into two main groups—content producers and providers, and ordinary users—civil liability arising from the production and dissemination of defective content pertains primarily to the first group (i.e., producers and distributors of content). This is because ordinary users generally play no role in causing damage. However, in situations where an ordinary user could prevent the occurrence or expansion of damage but fails to do so, the resulting harm will not be compensable due to the absence of customary attribution of the damage to the producer or provider of content, as well as in light of the legal maxim of “act of intervention”. Furthermore, in cases where multiple producers and providers contribute to the production and distribution of defective content, liability for damages must be apportioned among them in accordance with the extent of their individual contributions.