Research on the Judgement Standard of the Duty of Care of Internet Service Providers

Abstract

The internet service providers tort liability for general fault tort liability, which means that network service providers bear the tort liability need to subjective fault for the elements, then for the network service provider's subjective fault judgement standard objectively to rise to the network service provider's reasonable duty of care judgement standard above the problem. Up to now, about the network service provider's duty of care standard judgement is still no clear provisions, in the legal and judicial fields are more controversial. This paper explores these issues through an analysis of trial practices, seeking to establish a more standardized approach to evaluating ISPs' duty of care. The findings suggest that adopting the "good manager" standard could significantly enhance the clarity and effectiveness of managing ISPs' tort liabilities. It proposes the establishment of a dedicated management association within ISPs to implement and oversee these management policies consistently across the sector. This approach aims to not only define but also enforce a reasonable duty of care standard that is both fair and practicable.