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

22 03 2017

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. Read the rest of this entry »





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

24 04 2016

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. Read the rest of this entry »





Case Law, Strasbourg: Delfi AS v Estonia: Strasbourg Undermines Freedom of Expression – Gabrielle Guillemin

6 10 2015

European-Court-of-Human-RightsOn 16 June 2015, the Grand Chamber of the European Court of Human Rights handed down its much-anticipated judgment in the Delfi AS v Estonia case. (no. 64569/09). The case concerned the liability of a news portal, Delfi AS, for the comments posted by its readers below the news articles on its website. Read the rest of this entry »





News: Delfi v Estonia, liability for user comments, applicant seeks referral to Grand Chamber

15 01 2014

DELFI-logo-01The unsuccessful applicant in the case of Delfi SA v Estonia has lodged a request with the European Court of Human Rights that the case be referred to the Grand Chamber. Read the rest of this entry »





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

29 10 2013

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. Read the rest of this entry »





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

25 10 2013

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. Read the rest of this entry »