The responsibility of website administrators for online posts in the light of ECHR case law Cover Image

The responsibility of website administrators for online posts in the light of ECHR case law
The responsibility of website administrators for online posts in the light of ECHR case law

Author(s): Elena Lazăr
Subject(s): Politics / Political Sciences, Social Sciences, Law, Constitution, Jurisprudence
Published by: Centrul de Studii Internationale
Keywords: ECHR; jurisprudence; freedom of speech; right to private life; Bartnik v. Poland; Delfi AS v. Estonia; Magyar Tartalomszolgáltatók Egyesülete and Index hu zrt v. Hungary; Buda v. Poland; online posts

Summary/Abstract: The article studies the jurisprudence of the European Court for Human Rights on the responsibility of website administrators for third-party online posts by concentrating on four relevant cases: Bartnik v. Poland, Delfi AS v. Estonia, Magyar Tartalomszolgáltatók Egyesülete and Index hu zrt v. Hungary, and Buda v. Poland (this last case not yet decided).The author details the differences between the four cases and the Court’s reasoning behind its different decisions on the liability of website administrators, as the Court tries to strike fair balance between the two rights at stake – freedom of expression and the right to reputation and private life. The article concludes that ECtHR jurisprudence is not yet clear on this topic and the Buda v. Poland case should be enlightening in this respect.

  • Issue Year: 12/2016
  • Issue No: 2
  • Page Range: 16-25
  • Page Count: 10
  • Language: English