ABSTRACT
Internet Service Providers (ISPs) differ in nature in different countries but the main function remains the commercial provision of Internet access services such as dialup and broadband to the online users. It is not possible (especially for home users) to access the Internet without the services of an ISP, and therefore the role of an ISP is crucial. Although no ISP controls third-party content or all of the backbones of the Internet, the role they play in providing access has made them visible targets for the control of content on the Internet, and their responsibility as gateways to communication for the mass public has been brought into question, especially in relation to the availability of such illegal content as child pornography. While ISPs are not directly part of the chain of liability in terms of offending behaviour, they are considered by many states, as well as international agreements and conventions, to be part of the chain which contributes to the distribution of child pornography on the Internet. In most instances, liability will only be imposed if there is ‘knowledge and control’ over the information which is transmitted or stored by an ISP. Nevertheless, difficult issues surround ISP liability.
