AAMCH

Addis Ababa Medical College – Hargeisa Branch

Effective Knowledge

June 19th, 2024

Internet. A great advance for the communication, but has its risks. Any person can do, protecting itself in her right to the freedom of expression, commentaries on a person, company or subject. Nevertheless these commentaries sometimes can harm the rights of the affected one. It is difficult to make specific when indeed the right of a third party is being harmed.

To the lenders of services of intermediation a well-taken care of diligence or with respect to the information published in the Web is demanded to them for which they are responsible. The LSSI regulates east aspect in their Art. 16 defining the principle of effective knowledge, therefore the lending mentioned ones of services of intermediation would have to know the reach and limits the same. This rule indicates that only person in charge to the lender can be done of services of intermediation, of the contents or illicit expressions spilled by other people in his page Web, without direct participation of the lender of these services, when has effective knowledge of the illegality of the activity or information. More ahead one is in charge to delimit what is understood by effective knowledge indicating that he will be When a competent organ has declared the illegality of the data, ordered its retirement or that the access to the same is disabled, or the existence of the injury had been declared, and the lender would know the corresponding resolution. Therefore a restrictive interpretation of the article would entail that first a previous judgment by the competent authority must exist later in which the illegality of the action or expression is due to declare, a communication to the holder of the Web, in which the existence of the condemnatory resolution is indicated to him, and it invites itself to him to retire the content by infringement of the rights. .