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[Legal aspects of Web 2.0 in the health field]
Nathalie Beslay1, Marie Jeunehomme
1Beslay + Le Calvé, avocats, F-75008 Paris, France. nathalie@beslay.net
Abstract:
Web 2.0 sites are considered to be hosting providers and not publishers of user-generated content. The liability of hosting providers' liability is defined by the law enacted on June 21, 2004, on confidence in the digital economy. Hosting providers must promptly remove the information they host or make its access impossible once they are informed of its illegality. They are required to obtain and retain data to enable identification of any person who has contributed to content hosted by them. The liability of hosting providers has arisen in numerous disputes about user-produced content in various situations (discussion lists, blogs, etc.). The National Board of Physicians has developed specific ethical guidelines for web sites devoted to health issues and specifically for physician-authored content. The National Board of Physicians acknowledges that physicians can present themselves, their office, and their specific practice on their web site, notwithstanding any restrictions otherwise applicable to advertising.
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