On June 20, 2013, the Court of Rome decided on such a case and found that according to Articles 16 and 17 of Italian Legislative Decree 70/2003, the Wikimedia foundation is a hosting provider, rather than a content provider and therefore could not be liable for content drafted by individual users.
|Any Kat gets easily lost |
in the labyrinth of never-
ending Wikipedia links
- Wikipedia states very clearly its role as a hosting provider by means of its General Disclaimer (including but not limited to ‘may contain spoilers, errors, bias, and -- more dangerously -- contain triggers for people with post-traumatic stress disorder, etc). The service offered is precisely structured around the contributions by the users’ community and freedom to compile Encyclopedia entries. Due to this explicit role and to the open and fluid nature of the projects, Wikipedia cannot guarantee the accuracy of its content;
- Mr Previti had methods to address potential inaccuracies in his Wikipedia page which is open for all to edit (the Edit Tab is easily findable on the right hand corner between the Read and View History Tab) through the community review processes.
Nevertheless, in another defamation case rendered earlier this year, the UK Court of Appeal in Tamiz v Google Inc (14 February 2013) ruled that Google, as the host of the Blogger.com site, cannot always benefit from the exemption of liability when it fails to take down or disable access to defamatory content once it receives notice that it is hosting such content.