The Positive Obligations of States Under The ECHR To Protect Individuals Against Unlawful Acts On The Internet
The Positive Obligations of States Under The ECHR To Protect Individuals Against Unlawful Acts On The Internet

Summary/Abstract: Nowadays the problem of wrongful acts committed on the internet represent a very controversial issue with regards to the incrimination of these kind of acts and jurisdiction over them. This is why a great number of cases arrive to the European Court of Human Rights (ECHR) to seek for justice that could not be found at the national level.The Court has not settled on drawing the negative obligations for States parties at the European Convention on Human Rights not no breach its provisions, but has established throughout its case law the so called “ positive obligations” under its article 8, that are meant to offer a concrete protection of individuals against wrongful acts that occur on the internet. However even this proves not to be enough.The Internet is a forum where freedom of expression, is often used under anonymity. In addition, it could be difficult to identify the real sender. Thus different elements have to be taken into consideration while weighing the freedom of expression and right to respect for private life on the Internet.

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