Intermediary Liability

At a Glance

Internet intermediaries facilitate the connection between buyers and sellers worldwide. These online platforms should not be held legally responsible for law-infringing content created by users, but should fight against abuse of their services.

  • Intermediaries need to be vigilant about taking down law-infringing content after receiving a valid notice from the authorities or a content owner
  • eBay is determined to fight abuses such as sales of counterfeit goods, indecent or offensive material, and hazardous products
  • Enforcement needs to be effective without curtailing the economic potential of ecommerce and legitimate innovations
  • Self-regulation helps ensure that all intermediary sites stay safe and secure for users

Issue in Detail

As an Internet intermediary that facilitates the connection between buyers and sellers worldwide through its various sites and services, eBay believes that the responsibilities of online platforms should be appropriately limited. Although eBay recognizes the importance of enforcement against illegal activities, online intermediaries should not be held legally responsible for law infringing content created by Internet users, as long as those intermediaries take the content down after receiving a valid notice from the authorities or a content owner.

Any illegal activity on the Internet negatively affects trust in the online market, and in particular between sellers and buyers. eBay is committed to promoting confidence on the Internet and is therefore determined to fight against any abuse of its services. These include the attempted sales of counterfeit goods, indecent or offensive material, and hazardous products

It should also be enforced in a tailored and proportional way to avoid curtailing the economic potential of ecommerce and legitimate innovations. Enforcement without exceptions would throttle Internet startup companies and many existing companies in Asia that depend on the Internet as a source of income.

Illegal activities that undermine online trust are the biggest threat to the continued development of the online economy. Self-regulation is a business priority and we invest heavily to ensure that all our sites and services remain safe and secure. The company’s policies, including the VeRO system, and efforts at human intervention have made an impact on keeping our sites free from illegal activities.