Comments
On June 16, 2015, the Grand Chamber of the European Court of Human Rights (the Court) ruled in Delphi AS v. Estonia that an Estonian ruling that held a commercial internet news site liable for offensive comments posted by its readers was not a violation of Article 10 (freedom of expression) of the European Convention on Human Rights. According to the press release, “[t]he Grand Chamber found that the Estonian courts’ finding of liability against Delfi had been a justified and proportionate restriction on the portal’s freedom of expression,” finding in particular: “the comments in question had been extreme and had been posted in reaction to an article published by Delfi on its professionally managed news portal run on a commercial basis; the steps taken by Delfi to remove the offensive comments without delay after their publication had been insufficient; and the 320 euro fine had by no means been excessive for Delfi, one of the largest Internet portals in Estonia.” This case also marked the first time the Court has been asked to decide a complaint regarding liability for internet news portals concerning user-generated comments.