Background

The ability to block websites is within the power of the internet service providers (ISPs) who provide the service of connecting users to internet content. ISPs generally have a defence from claims (for example, of copyright infringement) in relation to content transmitted over their networks (as a mere conduit) under the EU Directive 2000/31/EC (the EU E-Commerce Directive), as implemented in the UK by the Electronic Commerce (RC Directive) Regulations 2002 (the E-Commerce Regulations 2002), SI 2002/2013. In the EU, the EU E-Commerce Directive has been amended by Regulation (EU) 2022/2065 of 19 October 2022 on a Single Market For Digital Services (the EU Digital Services Act or the EU DSA) to essentially make those provisions related to ISPs (Articles 12–15) directly applicable (and in some cases, expand them). As this took place following the UK’s withdrawal from the EU, these amendments do not apply in the UK, but in any event, the UK’s implementation of the provisions in the E-Commerce Regulations 2002 were largely comprehensive, save for not including the prohibition on imposing a general obligation