Author: Maria Suchkova
Keywords: Convention for the Protection of Human Rights and Fundamental Freedoms; freedom of expression on the Internet; protection of reputation; The European Court of Human Rights
In Delfi AS v. Estonia the majority of the Grand Chamber of the European Court of Human Rights confirmed the conclusion made by the Chamber of the European Court in its judgment of 10 October 2013 that holding an online news portal responsible for moral damage done to third parties as a result of the publication of offensive comments by users in the portal's comment environment may not entail a violation of Article 10 of the Convention. The judgment represents an important development in the Court's case-law. It was the first occasion for the Court to rule on the issue of liability of online portals for user-generated content and to set out its approach to duties and obligations of such portals to protect the rights and reputation of third parties.
About the author: Maria A. Suchkova – Partner, Threefold Legal Advisors LLC.