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Shock European court decision: Websites are liable for users’ comments

June 16, 2015

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In a surprise decision, the European Court of Human Rights (ECHR) in Strasbourg has ruled that the Estonian news site Delfi may be held responsible for anonymous and allegedly defamatory comments from its readers. As the digital rights organization Access notes, this goes against the European Union’s e-commerce directive, which “guarantees liability protection for intermediaries that implement notice-and-takedown mechanisms on third-party comments.”

As such, Peter Micek, Senior Policy Counsel at Access, says the ECHR judgment has “dramatically shifted the internet away from the free expression and privacy protections that created the internet as we know it.”

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