Belgian social networking site Netlog does not need to install filters to determine which files Netlog members illegally uploaded, the European Court of Justice ruled, rejecting a case brought by Belgian rights protection group Sabam. The Court pronounced a similar ruling in a case pitting Belgian ISP Scarlet against Sabam. Under European law, a balance must be struck between the protection of intellectual property and the freedom of action as well as the right to the protection of personal data, the Court said, explaing its ruling in the case against Netlog. Sabam claims Netlog is responsible for the copyright infringements of over two million Belgian members. The European Court said that a filter against illegal downloading would imply that Netlog needed to preventively check all its users, now and in the future. The Court agreed with Sabam that Netlog must comply with European rules, but found the use of a filter as too heavy-handed a tool. The European Internet Services Providers Association (EuroISPA) welcomed the Court's ruling that hosting providers cannot be required to apply pre-publication scrutiny of user communications. Internet hosting providers should be responsible for material they are actually aware off. EuroISPA said the ruling gives greater legal certainty to internet providers and ensures protection for the right to publish content without prior censorship. "The Internet industry plays a vital role in stimulating the economic recovery and sustainable growth. We therefore welcome the greater legal certainties and protection granted by the Court which are necessary to guarantee the openness of the Internet to the benefit of the development of an innovative Information Society", said Malcolm Hutty, president of EuroISPA.
