Website Operators’ Liability for Offensive Comments: A Comparative Analysis of Delfi as v. Estonia and MTE & Index v. Hungary

Website Operators’ Liability for Offensive Comments: A Comparative Analysis of Delfi as v.... AbstractIn 2013 and 2015, the ECtHR in the famous case of Delfi AS v. Estonia recognised the possibility for a website operator to be liable for the delayed removal of illegal comments of internet users. In this case the ECtHR formulated criteria for a website operator’s liability for damage caused to a third party by its visitor comments. The judgment of 2016 in the case of MTE & Index v. Hungary the ECtHR modified the criteria for a website operator’s liability, interpreting it to the benefit of web managers. This article seeks to reveal the criteria for the liability of a website operator and to draw some general guidance that can be applied in similar cases. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Baltic Journal of Law & Politics de Gruyter

Website Operators’ Liability for Offensive Comments: A Comparative Analysis of Delfi as v. Estonia and MTE & Index v. Hungary

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Publisher
de Gruyter
Copyright
© 2017 Jūratė Šidlauskienė et al., published by De Gruyter Open
ISSN
2029-0454
eISSN
2029-0454
D.O.I.
10.1515/bjlp-2017-0012
Publisher site
See Article on Publisher Site

Abstract

AbstractIn 2013 and 2015, the ECtHR in the famous case of Delfi AS v. Estonia recognised the possibility for a website operator to be liable for the delayed removal of illegal comments of internet users. In this case the ECtHR formulated criteria for a website operator’s liability for damage caused to a third party by its visitor comments. The judgment of 2016 in the case of MTE & Index v. Hungary the ECtHR modified the criteria for a website operator’s liability, interpreting it to the benefit of web managers. This article seeks to reveal the criteria for the liability of a website operator and to draw some general guidance that can be applied in similar cases.

Journal

Baltic Journal of Law & Politicsde Gruyter

Published: Dec 1, 2017

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