106Therefore, in order to ascertain whether the operator of a video-sharing platform or a file-hosting and -sharing platform may be exempted, under Article 14(1) of the Directive on Electronic Commerce, from liability for the protected content which users illegally communicate to the public via its platform, it is necessary to examine whether the role played by that operator is neutral, that is to say, whether its conduct is merely technical, automatic and passive, which means that it has no knowledge of or control over the content it stores, or whether, on the contrary, that operator plays an active role that gives it knowledge of or control over that content (see, by analogy, judgment of 12 July 2011, L’Oréal and Others, C‑324/09, EU:C:2011:474, paragraph 113 and the case-law cited).
Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.