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Delfi AS v. Estonia

Application No. 64569/09 (GC) 16 June 2015 (2015)

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Delfi AS v. Estonia

European Court of Human Rights
Application No. 64569/09 (GC) 16 June 2015 (2015)

KS

Facts

Delfi AS (plaintiff) was one of the largest online news outlets in Estonia (defendant). At the bottom of each article, readers could add their own comments. Approximately 10,000 comments were added by readers each day. Delfi did not edit or moderate the comments added by readers. If a reader placed a comment that was insulting or inciting hatred, Delfi removed the comment. Additionally, there was an automated system to delete comments that included obscenities. A victim of a defamatory comment could notify Delfi and the comment would be removed immediately. Delfi published an article on a public ferry transport service between mainland Estonia and certain islands. Over 180 comments were made on the article, with about 20 containing personal threats and offensive language against the owner of the ferry service. The ferry-service owner requested that the comments be taken down, and Delfi removed the comments on the same day. The ferry company sued Delfi, and eventually Delfi was held liable for the online comments of readers that violated the ferry owner’s personality rights. Delfi filed an application with the European Court of Human Rights, arguing that its Article 10 right to free expression had been violated by the imposition of liability for the content of readers’ comments.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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