Issues of Legal Regulation of Information Intermediaries’ Responsibilities in the Context of Research and Educational Activities

The aim of the study is to determine the status of the information intermediary in Russian legislation. Attention is focused on two key aspects: the lack of a legal status of the information intermediary beyond relations arising from intellectual property infringements, and the need to develop clear criteria for classifying various types of information intermediaries, which reflect the features of their activities and the character of relations with users. The author proposes a definition of the concept of information intermediary, which in the current legislation is defined only by specifying the types of activities carried out by these entities. The core idea of the article is to revise the existing classification of information intermediaries in order to determine the degree of their responsibility depending on the type of an intermediary and, consequently, the degree of subscribers’ involvement in law violations. The researcher has outlined the form of guilt, in which the responsibility of the information intermediary begins. The article lays down conditions for the exemption from liability of one of the types of information intermediaries, which most often turn out to be research and educational web portals. Three categories of information intermediaries are identified by drawing on the criterion of user autonomy, which is a key parameter for determining the presence/absence of an information intermediary’s fault. It has been found out that there are a lack of uniformity and ambiguity of solutions in the practice of determining the degree of responsibility of an information intermediary and its subscribers in cases of intellectual property infringement. The author’s conclusions and suggestions can serve as a basis for improving the legal regulation of the institution of information mediation in Russia. They also can form the basis for further research. The results of the study emphasize the significance of an interdisciplinary approach to the examination of issues at the intersection of digital technologies, law and management. This opens up new horizons for future research and practical applications in this field.

information intermediary, digital environment, intellectual property, intellectual property infringement, infringement of rights on the Internet, responsibility