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European Court: Websites Are Responsible For Users' Comments

An anonymous reader writes: A new ruling from the European Court of Human Rights found it perfectly acceptable to hold websites responsible for comments left by users. Experts are worried the ruling will encourage websites to censor content posted by users out of concern that they're opening themselves up to legal liability. The judgment also seems to support the claim that "proactive monitoring" can be required of website owners. Peter Micek of digital rights group "Access" said, "This ruling is a serious blow to users' rights online. Dissenting voices will have fewer outlets in which to seek and impart opinions anonymously. Instead, users at risk will be dragged down by a precedent that will keep them from accessing the open ocean of ideas and information."

6 of 401 comments (clear)

  1. Good by Anonymous Coward · · Score: 5, Insightful

    Hopefully this ruling will be used to muzzle the euroskeptics and silence unwarranted criticism of the EU institutions. People don't know how good they have it. They don't need "freedom" they just can't handle, they need unity and purpose and only a united Europe can provide this. Europe is more important than the life of a single human or indeed of whole generations, but small folk do not have the scope to understand this. Silencing dissent is a starting point to instill a European mindset into the populace who has the duty and the privilege to toil for the great destiny of the greatest civilization that has ever been and will ever be.

  2. Re:Dear EU Courts, by BlueStrat · · Score: 4, Insightful

    - An American Enjoying Their Freedom of Speech

    Well, for as long as even the illusion of 'free speech' lasts, with things like TPP, SOPA, PIPA, and whatever other secret treaties are waiting in the wings for a distraction to provide the right opportunity to sneak a 'yea' vote in.

    Strat

    --
    Progressivism (aka US 'Liberalism'): Ideas so good they need a police/surveillance-state to enforce.
  3. Re:Well this is the end of YouTube... by tompaulco · · Score: 4, Insightful

    and that is what the Republicans want.

    You know what is funny, is every single time somebody puts in the word Republican, the word Democrat works just as well.

    --
    If you are not allowed to question your government then the government has answered your question.
  4. Re:Bullshit by phantomfive · · Score: 5, Insightful

    I'm not sure you have your facts right. According to this report, they removed the comments as soon as they were notified by the victim of those comments. They didn't wait for a court order, but the victim wanted money given to him. The website refused, the court said to pay.

    I don't know where you are, but in the US, the court case Zeran v. America Online provides that websites are not responsible for comments, even if they are notified of defamatory material and neglect to remove it. You can read the relevant law here.

    --
    "First they came for the slanderers and i said nothing."
  5. Re:Bullshit by hankwang · · Score: 4, Insightful

    "The case in question is regarding defamatory comments posted to a site that the victim went to court over. The courts ordered that the content be taken down. The lazy assed website owners took SIX WEEKS to remove the content."

    No. RTFJ(udgment), under the chapter "FACTS".

    The comments were removed the day the complaint came in, at which time the comments had been online for 6 weeks. This happened in 2006, by the way. The website had a mechanism for users to flag comments; apparently the complaining party had not used that and demanded monetary compensation at the first contact.

    The judgment is surprisingly legible, though rather long. Much better than the average EULA. I didnn't read past the description of initial events. I'm sure that it also explains why this particular website owner was held responsible.

  6. Re:Dear EU Courts, by Anonymous Coward · · Score: 5, Insightful

    Because there are some idiots that might not like what you say and mistake their dislike for it to being entitled to do nasty things to you for voicing your opinion. Having the choice to posting as AC promotes freedom of expression by permitting free speech in situations that might otherwise inhibit or prohibit it.

    Just look at what happens in countries where freedom of speech is not a given. Journalists having to work under cover, gambling their lives just to get the truth out there because those in power would rather silence them. Anonymity matters.

    Having the option to posting as AC doesn't make your opinion invalid - though you're more likely to surround yourself with assholes that way, and make yourself less likely to be heard. But some messages are important enough that even then they're worth voicing.