Safe Harbors and Joint Liability of the OSPs in China - A Comparative Study between the US and Australia and China

Abstract

This article is to clarify the current liability of Online Service Providers (OSPs) in China and argue that a better legal frame work should be introduced in the future. Comparing the situations in the US and Australia, this paper will explore how traditional liabilities in China, the safe harbor provisions and aid and abetment standards are applied in the recent OSPs cases.