Offensive Online Comments, Delfi confirmed but tempered – Dirk Voorhoof and Eva Lievens

17 02 2016

emt hungaryOn 2 February 2016, the European Court of Human Rights decided that a self-regulatory body (Magyar Tartalomszolgáltatók Egyesülete, MTE) and an Internet news portal (Index.hu Zrt) were not liable for the offensive comments posted by their readers on their respective websites. 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 »





On Delfi v Estonia… Is it time to adopt a good-Samaritan style exemption? – Sophie Stalla-Bourdillon

24 06 2015

consentThe Grand Chamber of the European Court of Human Rights (ECtHR) recently upheld the decision of the First section in the case Delfi v Estonia, which in 2013 found that holding a news portal liable for the third-party comments posted on its Internet news portal did not amount to a violation of Article 10 of the European Convention on Human Rights (ECHR). Given that we asked in an earlier post whether a passive and neutral intermediary could also be a data controller, it is interesting to have a look at the Delfi case to better grasp what a passive and neutral intermediary is or could be. Read the rest of this entry »





Case Law, Strasbourg: Delfi AS v. Estonia, Grand Chamber confirms liability of online news portal for offensive comments posted by its readers – Dirk Voorhoof

19 06 2015

delfiOn 16 June 2015 the Grand Chamber of the European Court of Human Rights has delivered the long awaited final judgment in the case of Delfi AS v. Estonia, deciding on the liability of an online news portal for the offensive comments posted by its readers below one of its online news articles. Read the rest of this entry »