A recent ruling by the European Court of Human Rights (ECHR) could have ramifications for all of those with websites enabling comments to be posted by readers. The Court ruled that an Estonian news site (Delfi) may be held responsible for anonymous comments that are allegedly defamatory. A representative of digital rights organisation Access argued that the judgement has:
“…dramatically shifted the internet away from the free expression and privacy protections that created the internet as we know it.”
A post by the Media Legal Defence Initiative listed the main reasons why the court came to this decision, which included:
- the “extreme” nature of the comments which the court considered to amount to hate speech
- the fact that they were published on a professionally-run and commercial news website
- the insufficient measures taken by Delfi to weed out the comments in question and the low likelihood of a prosecution of the users who posted the comments.
The full judgement can be read here.
Who is responsible for comments posted online?
The timing of this is particularly relevant for me following the coverage of a tragic local incident. Following an attempted suicide by a local woman that led to the death of a man attempting to rescue her, a local news website reported the incident in relative detail, including statements from witnesses (although withholding, at the time, the names of the individuals involved). Sadly this led to a number of insensitive and inappropriate comments being posted about the woman who tried to take her own life. Upon approaching the publishers to request the closing of comments for such a story, I was told that I should report individual inappropriate comments rather than expect them to remove the comments thread altogether.
These two stories raise a number of interesting issues. Who is ultimately liable for content that is published online? Is it the responsibility of the host website to deal with “extreme comments”? Is it the responsibility of the individual who posts the comments? Should there even be any restrictions on what people post online? Should we just accept that everyone has a right to free expression online and that hurtful comments are just manifestations of free expression?
What is your view?
If you’ve got a perspective on the judgement by the ECHR, who should ultimately be responsible for comments posted online or whether any limits in this area are an unreasonable limitation of free expression and would like to write about the issues for Informed, we’d like to hear from you. Articles should be 800-1000 words (although this is flexible) and our normal moderation process applies. If you are interested in writing for Informed, please contact us via submissions[at]theinformed.org.uk.
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The Informed Team