Slashdot reports that a recent ruling from the European Court of Human Rights (ECHR) in the case of Delfi AS v. Estonia has found it perfectly acceptable to hold websites responsible for comments left by users. In the surprise decision, the court has ruled that the Estonian news site Delfi may be held responsible for anonymous and allegedly defamatory comments from its readers.
A blogpost from the Media Legal Defence Initiative summarizes the reasons why the court came to this unexpected decision. The ECHR cited "the 'extreme' nature of the comments which the court considered to amount to hate speech, the fact that they were published on a professionally-run and commercial news website," as well as the "insufficient measures taken by Delfi to weed out the comments in question and the low likelihood of a prosecution of the users who posted the comments," and the moderate sanction imposed on Delfi.
Experts are worried the ruling will encourage websites to censor content posted by users out of concern that they're opening themselves up to legal liability. The judgment also seems to support the claim that "proactive monitoring" can be required of website owners.
A blogpost from the Media Legal Defence Initiative summarizes the reasons why the court came to this unexpected decision. The ECHR cited "the 'extreme' nature of the comments which the court considered to amount to hate speech, the fact that they were published on a professionally-run and commercial news website," as well as the "insufficient measures taken by Delfi to weed out the comments in question and the low likelihood of a prosecution of the users who posted the comments," and the moderate sanction imposed on Delfi.
Experts are worried the ruling will encourage websites to censor content posted by users out of concern that they're opening themselves up to legal liability. The judgment also seems to support the claim that "proactive monitoring" can be required of website owners.
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