ECHR Censors Comments, Pushes Liability, Likes Monitoring

[grarpamp@gmail.com (grarpamp)]

http://hudoc.echr.coe.int/sites/eng/pages/search.aspx?i=001-155105

https://www.accessnow.org/blog/2015/06/16/delfi-as-v.-estonia-a-blow-to-free-expression-online
http://arstechnica.co.uk/tech-policy/2015/06/shock-european-court-decision-websites-are-liable-for-users-comments/

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.

One of the worrying aspects of the ECHR decision is that it may
encourage the idea that intermediaries are liable for "manifestly
unlawful" content, without specifying what "manifestly unlawful"
actually means.

Also troubling is that the judgment upholds a finding that "proactive
monitoring" of Internet users can be required.