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Tag: Delfi

Case Law: Strasbourg: Pihl v Sweden: No liability for defamatory users’ comments after prompt removal upon notice – Dirk Voorhoof

In its decision of 9 March 2017 in Rolf Anders Daniel Pihl v. Sweden, the Court of Human Rights has clarified the limited liability of operators of websites or online platforms containing defamatory user-generated content.The Court’s decision is also to be situated in the current discussion on how to  prevent or react on  “fake news”, and the policy to involve online platforms in terms of liability for posting such messages. Continue reading

Policy Debates over EU Platform Liability Laws: New Human Rights Case Law in the Real World – Daphne Keller

European-Court-of-Human-RightsThis is the last of four posts on the European Court of Human Rights’ (ECHR) rulings in Delfi v. Estonia and MTE v. Hungary. In both cases, national courts held online news portals liable for comments posted by their users – even though the platforms did not know about the comments. Those rulings effectively required platforms to monitor and delete users’ online expression in order to avoid liability. Continue reading

Treating a news portal as publisher of users’ comment may have far-reaching consequences for online freedom of expression – Dirk Voorhoof

dvoorhoofThe European Court of Human Rights’ judgment of 10 October 2013 in Delfi AS v. Estonia has caused a lot of controversy in the world of online media, news portals, internet-groups and freedom of expression websites. Especially the criticism by Article 19, Index on Censorship and The Guardian (amongst others, also here, here, here and here) initiated a robust debate. Continue reading

Is Anonymous Commenting Under Threat in the EU? – Emma Goodman

emma-goodman-150x150On 10 October, in what was seen as a setback for the practice of allowing anonymous comments on websites in Europe, the European Court of Human Rights upheld a national ruling in Estonia that found a news portal liable for offensive comments posted by users on its website. Emma Goodman, co-author of a recent report on comment moderation practices looks at the implications of this ruling. Continue reading

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