Case Law, Strasbourg: Magyar Tartalomszolgáltatók Egyesülete and Index.hu Zrt v. Hungary, Intermediary liability (again) – Jonathan McCully

7 02 2016

mte-logo-nagyobbOn 2 February 2016, the Fourth Section of European Court of Human Rights handed down its judgment on intermediary liability in Magyar Tartalomszolgáltatók Egyesülete and Index.hu Zrt v. Hungary (Application No. 22947/13)([2016] ECHR 135). The judgment attempts to clarify the Grand Chamber’s findings in Delfi v. Estonia, whilst distinguishing that case on the basis that it involved “clearly unlawful speech” amounting to hate speech and incitement to violence. However, did the Court go far enough to protect free speech online? Read the rest of this entry »





Intermediary Liability and User Content under Europe’s New Data Protection Law: Frequently Asked Questions and Rough Answers – Daphne Keller

15 10 2015

faq-2This is the second instalment in my series analyzing Europe’s pending General Data Protection Regulation, with a focus on its impact on intermediary liability and user free expression.   The introduction gives an overview of the legislation and the issues it raises.  Reading it first is highly recommended.  This section goes into greater depth on those issues and previews coming installations n the series, which will appear on the Stanford CIS blog. Read the rest of this entry »





Intermediary Liability and User Content under Europe’s New Data Protection Law – Daphne Keller

14 10 2015

Data Protection ReformA big new law is coming, and a lot of companies doing business online aren’t going to like it.  Neither will many advocates of civil liberties for Internet users. Europe’s pending General Data Protection Regulation (GDPR) updates and overhauls EU data protection law – the law that produced this week’s Schrems case and last year’s “Right to Be Forgotten” ruling in the EU. Data protection has long been a field considered arcane and impenetrable by many US lawyers. Read the rest of this entry »





India: Intermediary liability regime, a historic opportunity missed by the Supreme Court – J Sai Deepak

13 05 2015

India Supreme-Court1Ever since the pronouncement of the judgment by the Supreme Court [pdf] on March 24, 2015 in what I prefer to call the “IT Writ Petitions” (since they went beyond Section 66A of the Information Technology Act, 2000), a lot has been written on mainstream and alternative forums on the striking down of Section 66A (see this Inforrm post). Read the rest of this entry »





The Defamation Act 2013, A Critical Evaluation, Part 5, The new intermediary defences – Dan Tench

31 07 2014

Defamation ActThis is the fifth and final post in this series about the Defamation Act 2013.  In earlier posts I have dealt with general concerns about the Defamation Act 2013, concerns about section 1, “Serious harm” and the new statutory defences of “truth” and “honest comment” and “public interest“. In this post, I conclude by looking at the new intermediary defences in section 5 and section 10. Read the rest of this entry »





Who will sort out the Delfi mess? – Graham Smith

17 10 2013

delfiThe European Court of Human Rights (First Section) has found that there was no violation of Article 10 ECHR (freedom of expression) when the Estonian courts held a news website, Delfi AS, liable for defamatory statements by readers using the site’s article comments facility. Read the rest of this entry »





Case Law, Strasbourg: Delfi AS v Estonia: Court Strikes Serious Blow to Free Speech Online – Gabrielle Guillemin

15 10 2013

DelfiOn 10 October 2103, the European Court of Human Rights handed down judgment in Delfi AS v. Estonia (no.64569/09), a case concerning the liability of a news portal, Delfi AS for third-party comments made on its website.  The Estonian courts found that Delfi AS had editorial control over the comments’ section on its news site and should have prevented clearly unlawful comments from being published, notwithstanding the fact that Delfi had taken down the offensive comments immediately upon being notified of them. Read the rest of this entry »