Friday, October 11, 2013

Court: Internet portal for anonymous comments responsibility - Heise Newsticker

news sites on the Internet can be a [% 22001-126635% 22]}: Judgment of the European Court of Human Rights, according to (ECHR) held accountable for abusive comments of its users accountable. The Court has rejected the first time on Thursday in Strasbourg, in such a case, the action of a major news portal in Estonia on a violation of his freedom of expression. 2008 Estonian courts had sentenced the operator portal Delfi AS because of abusive comments of his readers to a fine.

In the process it was loud announcement of the court to post an article about ferry routes. Delfi had reported about the consequences, had the new ferry routes a ferry company for other links to some islands. Therefore compromised on the new routes used icebreaker there is stability ice where highways should be applied across the ice to the islands. The construction of the roads had been delayed by a few weeks.

the report had readers responded in the comments with insults and threats against the ferry company, who then successfully sued Delphi. 2008 an Estonian court convicted the portal operators to make the ferry company a compensation amounting to the equivalent of around 320 euros. The Supreme Court dismissed the appeal application from Delphi in on it. In it, the company had relied on, among other privileges, the liability of providers.

Before the ECtHR argued that Delfi, the Estonian court has curtailed the right to free expression. Which has not been contradicted by the Court. But the seven judges of the chamber holding the Estonian sentence for a legitimate and reasonable interference with the rights of the portal operator. Despite clear warnings to the user and automatic word filter Delfi did not do enough to remove offensive comments quickly.

Although the ferry company was able to take action against the perpetrators of the comments in principle. But were difficult to determine because Delphi allows its users to have comments without registering the copyright. It is therefore expedient and appropriate to make Delfi responsible for the comments, also because of the portal operators prefer an economic advantage from this. Finally, the Estonian court had imposed only a minor penalty and also has no further intervention. (VBR)

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