Abstract:With the development of digital technology, the balance of interests between copyright protection and the development of the online service industry has become the focus of law circles. Some opinions hold that online service providers should be obligated to actively monitor and filter infringing content using technical means. However, the judicial principles established by the European Court of Justice in the Scarlet case and the Netlog case show that online service providers should not be imposed general active monitoring and filtering obligations. This is not only an adherence to the principle of technological neutrality, but also an inevitable requirement for striking a balance between copyright, privacy, and business freedom.

Keywords: online service provider, filtering obligation, the safe haven system, balance of interests

 

Author:Li Mingde, distinguished professor, University of the Chinese Academy of Social Sciences.

Source:Official WeChat account of Shanghai Jiaotong University Institute of Intellectual Property and Competition Law, February 10, 2026.