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No breach of ECHR, art 10 where internet news portal held liable for offensive comments posted online by readers

Published:

Re: Delfi AS v Estonia (App No. 64569/09)

The Grand Chamber held, by 15 votes to 2, that a national court’s decision that a commercially-run Internet news portal was liable for its readers’ offensive online comments was not in breach of ECHR, art 10. Holding Delfi liable for comments posted by third parties was a justified and proportionate restriction on the portal’s freedom of expression.

Jessica Simor QC acted for the industry intervenors.