Odpovědnost zprostředkovatelů za protiprávní projevy na internetu: Hrozí nám soukromá cenzura?
Liability of Intermediaries for Unlawful Speech on the Internet: Are We at Risk of Private Censorship?

Summary/Abstract: The article addresses the parameters surrounding the liability of internet intermediaries in relation to the unlawful expressions made by third parties online, as well as their responsibility for potential violation of freedom of expression. The author presents these two aspects of regulation of intermediaries as private entities that secure some of international human rights obligations delegated to them by states. These obligations primarily arise from the freedom of expression, the right to respect for private and family life, the prohibition of discrimination, and other fundamental values. In order to strike a balance between the competing interests associated with the exercise of rights and freedoms on the internet, it is crucial for states to enact legislation that clearly outlines the responsibilities of intermediaries. Otherwise, states may engage in so-called private censorship. Given the transnational nature of the internet, it is preferable for these responsibilities to be relatively consistent across states. One harmonizing factor within the European context is the jurisprudence of the European Court of Human Rights. Consequently, the author examines the relevant judgments of the court and analyses whether they contain specific criteria that national-level intermediary regulations should consider or whether it is a question of an ad hoc assessment.

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