{"title":"Website Operators’ Liability for Offensive Comments: A Comparative Analysis of Delfi as v. Estonia and MTE & Index v. Hungary","authors":"Jūratė Šidlauskienė, Vaidas Jurkevičius","doi":"10.1515/bjlp-2017-0012","DOIUrl":null,"url":null,"abstract":"Abstract In 2013 and 2015, the ECtHR in the famous case of Delfi AS v. Estonia recognised the possibility for a website operator to be liable for the delayed removal of illegal comments of internet users. In this case the ECtHR formulated criteria for a website operator’s liability for damage caused to a third party by its visitor comments. The judgment of 2016 in the case of MTE & Index v. Hungary the ECtHR modified the criteria for a website operator’s liability, interpreting it to the benefit of web managers. This article seeks to reveal the criteria for the liability of a website operator and to draw some general guidance that can be applied in similar cases.","PeriodicalId":38764,"journal":{"name":"Baltic Journal of Law and Politics","volume":"10 1","pages":"46 - 75"},"PeriodicalIF":0.0000,"publicationDate":"2017-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"3","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Baltic Journal of Law and Politics","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1515/bjlp-2017-0012","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"Social Sciences","Score":null,"Total":0}
引用次数: 3
Abstract
Abstract In 2013 and 2015, the ECtHR in the famous case of Delfi AS v. Estonia recognised the possibility for a website operator to be liable for the delayed removal of illegal comments of internet users. In this case the ECtHR formulated criteria for a website operator’s liability for damage caused to a third party by its visitor comments. The judgment of 2016 in the case of MTE & Index v. Hungary the ECtHR modified the criteria for a website operator’s liability, interpreting it to the benefit of web managers. This article seeks to reveal the criteria for the liability of a website operator and to draw some general guidance that can be applied in similar cases.
期刊介绍：
Baltic Journal of Law & Politics (BJLP) is a scholarly journal, published bi-annually in electronic form as a joint publication of the Faculty of Political Science and Diplomacy and the Faculty of Law of Vytautas Magnus University (Lithuania). BJLP provides a platform for the publication of scientific research in the fields of law and politics, with a particular emphasis on interdisciplinary research that cuts across these traditional categories. Topics may include, but are not limited to the Baltic Region; research into issues of comparative or general theoretical significance is also encouraged. BJLP is peer-reviewed and published in English.
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