Showing posts with label user-generated comment. Show all posts
Showing posts with label user-generated comment. Show all posts

Thursday, 6 March 2014

A comment on Delfi SA v Estonia


[Olivia O'Kane (@OliviaOKane1) earlier looked at the law in Delfi AS v Estonia here

Under the judgement (October 10 2013) handed down by Europe's Chamber of the First Section, Delfi and other online news sites are responsible for anonymous comments. This was a decision to uphold the Estonian court. The Court held that Delfi, one of Estonia’s main news websites, was liable for defamatory comments from its users. This was in spite of the fact that Delfi had taken down the comments as soon as they had been notified of them. 
In the Delfi AS v Estonia case the Court held that there had been no violation of Article 10. It found that the finding of liability by the Estonian courts was a justified and proportionate restriction on the portal’s right to freedom of expression, in particular, because: the comments were highly offensive; the portal failed to prevent them from becoming public, profited from their existence, but allowed their authors to remain anonymous; and, the fine imposed by the Estonian courts was not excessive.

Tuesday, 25 February 2014

Olivia O'Kane - The curious case of user-generated comment


Online responsibility is governed by the Electronic Commerce (EC Directive) Regulations 2002 (SI 2002 No 2013) and The Defamation Act 1996, commonly known as the safe harbour defences.

[Our original post on the Delfi AS v Estonia judgement here]

LEGAL FRAMEWORK

The following legislation provides that no liability shall arise until and after Information society Service Providers [“ISPs] are put on notice of the material complained about:
1. Pursuant to Regulation 19 of the Electronic Commerce (EC Directive) Regulations 2002 where:
an ‘information society service’ is provided which consists of the storage of information provided by a recipient of the service the service provider is not liable for damages or for any unlawful activity as a result of that storage where the storage provider “does not have actual knowledge of unlawful activity or information” and the provider “upon obtaining such knowledge or awareness acts expeditiously to remove or to disable access to the information”.