The Court of Justice of the EU—likely without realizing it—just completely shit the bed and made it effectively impossible to run any website in the entirety of the EU that hosts user-generated con…
I think there’s two important questions here, that the article doesn’t mention at all.
A) did Russmedia include in their official t.o.s. that advertisments may not include sensitive personal data of anyone
and
B) if they did not, would it have voided liability if they had.
As long as a ban on sensitive data in user generated content by the platform, that is enforced in good faith, is enough to void liabilty, I agree with this decision. If the operator is not held liable on principle for user generated content, that effectively makes it entirely legal to operate and host a revenge porn website, as long as all the videos are uploaded by users. And I do think anyone who hosts public facing user generated data in any form absolutely should be legally required to enforce a ban on sensitive personal data. That doesn’t have to mean manually reviewing every single submission, but at minimum having the option to directly report content, and for the host to react in a reasonable time to such reports.
I think there’s two important questions here, that the article doesn’t mention at all.
A) did Russmedia include in their official t.o.s. that advertisments may not include sensitive personal data of anyone
and
B) if they did not, would it have voided liability if they had.
As long as a ban on sensitive data in user generated content by the platform, that is enforced in good faith, is enough to void liabilty, I agree with this decision. If the operator is not held liable on principle for user generated content, that effectively makes it entirely legal to operate and host a revenge porn website, as long as all the videos are uploaded by users. And I do think anyone who hosts public facing user generated data in any form absolutely should be legally required to enforce a ban on sensitive personal data. That doesn’t have to mean manually reviewing every single submission, but at minimum having the option to directly report content, and for the host to react in a reasonable time to such reports.