Delfi AS v. Estonia
| Delfi AS v. Estonia | |
|---|---|
| Submitted 4 December 2009 Decided 16 June 2015 | |
| Full case name | Delfi AS v. Estonia |
| Case number | 64569/09 |
| Chamber | Grand Chamber |
| Language of proceedings | english, french |
| Court composition | |
| President Dean Spielmann | |
| Keywords | |
| Freedom of expression, intermediary liability | |
Delfi AS v. Estonia (2015) ECtHR 64669/09 is a European Court of Human Rights (ECtHR) case where the grand chamber, by 15-2 majority, ruled that holding Estonian news site Delfi liable for anonymous defamatory comments posted online from its readers, even when they are removed upon request, was not a violation of the Article 10 of the European Convention on Human Rights' guarantees of the freedom of speech.[1]
The ruling was unexpected, because of potential conflicts with the "actual knowledge" standard of Article 14 of the EU's E-Commerce Directive.[2] It also raises anxieties as to the extent freedom of expression on the internet has been compromised. The ruling does not yet[when?] have direct legal effect, but it may be influential in the development of national and European Union law.[3]
Delfi AS was represented by attorneys-at-law Karmen Turk and Villu Otsmann from pan-Baltic law firm TRINITI and the government of Estonia by Maris Kuurberg.[citation needed]
The case was followed shortly by Magyar Tartalomszolgáltatók Egyesülete and Index.hu Zrt v. Hungary, which reached a different conclusion based on slightly different facts.[4]
See also
References
- ^ Newman, Liz Hay. "EU Court Unexpectedly Rules Estonian Website Is Responsible for User Comments". slate.com. Slate.
- ^ "Not so different after all? Reconciling Delfi vs. Estonia with EU rules on intermediary liability". Media Policy Project Blog. London School of Economics and Political Science. 2015-07-01. Retrieved 2016-08-24.
- ^ Moody, Glyn. "Shock European court decision: Websites are liable for users' comments". arstechnica.co.uk. Ars Technica.
- ^ Bodrogi, Bea (2016-02-19). "The European Court of Human Rights rules again on liability for third party comments". Media Policy Project Blog. London School of Economics and Political Science. Retrieved 2016-08-24.
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