This 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
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Tag: Intermediary Liability (Page 2 of 3)
Litigating Platform Liability in Europe: New Human Rights Case Law in the Real World – Daphne Keller
This is the third 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 them. Continue reading
This is the second of four posts on real-world consequences of the European Court of Human Rights’ (ECHR) rulings in Delfi v. Estonia and MTE v. Hungary. Both cases arose from national court rulings that effectively required online news portals to monitor users’ speech in comment forums. Continue reading
Last summer, the Grand Chamber of the European Court of Human Rights (ECHR) delivered a serious setback to free expression on the Internet. The Court held, in Delfi v. Estonia, that a government could compel a news site to monitor its users’ online comments about articles. Continue reading
On 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? Continue reading
This 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. Continue reading
A 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. Continue reading
Ever 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). Continue reading
This 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. Continue reading
The 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. Continue reading
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