The European Court of Human Rights ruled in an Estonia case that Delfi was liable for hate speech on its news website. It is feared that the ruling could discourage news startups and seriously damage free expression on the Internet. (PCWorld, June 17, 2015, by Loek Essers and Peter Sayer, IDG News Service)
The Court determined that it was as important to protect reputation as it was to protect free speech. It also found that since Delfi opened up the site to public comments to gain commercial advantages, it was liable for the results of the comments. (siliconrepublic, June 17, 2015, by John Kennedy)
The ruling differed with an e-commerce directive from the European Union that provides liability protection for service providers with public forums. The Court determined that Delfi did not take sufficient measures to eliminate extreme comments on its site. (Ars Technica, June 16, 2015, by Glyn Moody)
The Court took pains to say the ruling does not apply to any online forum, only news site with legal advisors and an open comment service. Writing in techdirt, June 16, 2015, Mike Masnick finds little solace in that offering and much to condemn in the idea of a right to reputation. “And the court insists that the two things — reputation protection and free speech ‘deserve equal respect.’ That’s bullshit, frankly. The whole concept of a right to a reputation makes no sense at all. Your reputation is based on what people think of you. You have no control over what other people think. You can certainly control your own actions, but what people think of you?”