Communications service providers, including mobile network operators and ISPs, are not usually liable for illegal content on their networks and services, provided they are not aware of its presence and follow certain rules e.g., 'notice and take down' processes to remove or disable access to the illegal content as soon as they are notified of its existence by the appropriate legal authority.
Mobile operators are typically alerted to illegal content by national hotline organisations or law enforcement agencies. When content is reported, operators follow procedures according to the relevant data protection, privacy and disclosure legislation. In the case of child sexual abuse content, mobile operators use terms and conditions, notice and take down processes and reporting mechanisms to keep their services free of this content.
Should all types of illegal content-from IPR infringements to child sexual abuse content-be subject to the same reporting and removal processes?
What responsibilities should fall to governments, law enforcement or industry in the policing and removal of illegal content ?
Should access to illegal content on the internet be blocked by ISPs and MNOs?