Wednesday, July 9, 2014

ECtHR: Delfi AS v Estonia Hearing

Today, the Grand Chamber of the European Court of Human Rights is holding a hearing in an important intermediary liability case - Delfi AS v. Estonia (web-stream here). The Court is hoped to correct many issues which the Chamber judgement so flagrantly overlooked, and as a consequence alarmed 69 organizations to support the re-hearing of the case.

In the meantime, some of the NGOs were given a possibility to intervene in the case by submitting their amicus briefs. European Information Society Institute (EISi), an NGO I volunteer for, also submitted one such brief, which is authored by me. In this submission, we make couple of suggestions to the Court, which I would like to share with the readers. EISi suggests that the Court should:
  • spells out, as an abstract principle, that any general monitoring obligation imposed upon disseminators of non-editorial third party defamatory content is incompatible with Article 10 of the Convention and
  • promote the guarantee of a content author’s right to reply to any allegations before speech is taken down from on-line circulation, by requiring that no liability can be imposed before this moment.
I invite you to read the brief.



Some other organizations made their briefs also already available.
ECtHR should also soon hear an another case that was filed earlier which focuses on liability of bloggers for users’ online comments, Jezior v. Poland.

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