C-291/13 Papasavvas
The ECJ has found that the liability exemptions under the directive do not preclude states from enacting legislation entailing civil liability for defamation for online news outlets. The Court stated that:
“The limitations of civil liability specified in Articles 12 to 14 of Directive 2000/31 do not apply to the case of a newspaper publishing company which operates a website on which the online version of a newspaper is posted, that company being, moreover, remunerated by income generated by commercial advertisements posted on that website, since it has knowledge of the information posted and exercises control over that information, whether or not access to that website is free of charge.”