Liability for Third Party Unlawful Speech in Light of Article 10 of the European Convention on Human Rights
Liability for Third Party Unlawful Speech in Light of Article 10 of the European Convention on Human Rights

Summary/Abstract: The evolution of the case law of the European Court of Human Rights regarding the liability of intermediaries for third party unlawful speech in light of Article 10 of the European Convention on Human Rights has been analyzed. The Jersild case from 1994 appears to be overruled by the Sanchez case from 2023. This evolution was instigated less by the emergence of new Internet media and more by social and legal developments. The watershed moment for further evolution may be the issue of whether unlawful speech affects only specific rights, such as the reputation and the right to private life of certain individuals, or if it threatens the fundamental values of the community. Currently, the Court examines this matter through the prism of a balance between two conflicting rights: the right to freedom of expression and the right to protection of private life. It is now time for the Court to consider the balance of interest involving intermediaries, based on Article 10, and the interest of the community in cases related to racial speech, incitement to violence, and similar forms of unlawful speech.

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