ECtHR Rules on Liability of ISPs as a Restriction of Freedom of Speech
Journal of Intellectual Property Law & Practice, 2014, Vol. 9, No. 2
Posted: 23 Jan 2014
Date Written: December 22, 2013
The European Court of Human Rights (ECtHR) in Strasbourg handed down its first case concerning the liability of intermediaries. A ruling of the Estonian Supreme Court that imposed broad liability and a general monitoring obligation upon an internet news portal vis-à-vis third party comments made on its website under one of the news items was found by the ECtHR to be proportionate and justified interference with the freedom of expression. This is a brief case comment on this case.
Keywords: case note, intermediary liability, ISPs, human rights, freedom of speech, general no-monitoring obligation
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