So you operate a website or have a blog in Europe. You allow
others to post comments and interact with your website or blog
postings. There is, after all, freedom of expression in Europe,
isn't there? Well on October 10 (2013), the European Court of
Human Rights (ECHR) ruled that if you don't monitor, censor
or moderate postings by others on your website or blog, you may
well have legal liability and responsibility – especially if
the visitors post offensive comments.
In the case of Delfi AS v. Estonia, the Estonian
news website (Delfi) ran a story about a ferry that provoked
heated controversy in the nation. Many posts and comments contained
threatening and offensive language, and many were anonymous. The
ferry operator sued Delfi for failing to prevent these comments
from becoming public and for protecting the identity of the
individuals who posted such threats and abusive language. The
Estonian court agreed with the ferry operator and ordered Delfi to
pay damages.
