<abstract xmlns="http://www.w3.org/1999/xhtml"><p>In 2013 and 2015, the ECtHR in the famous case of <italic>Delfi AS v. Estonia</italic> recognised the possibility for a website operator to be liable for the delayed removal of illegal comments of internet users. In this case the ECtHR formulated criteria for a website operator’s liability for damage caused to a third party by its visitor comments. The judgment of 2016 in the case of <italic>MTE &amp; Index</italic> v. <italic>Hungary</italic> the ECtHR modified the criteria for a website operator’s liability, interpreting it to the benefit of web managers. This article seeks to reveal the criteria for the liability of a website operator and to draw some general guidance that can be applied in similar cases.</p></abstract>

In 2013 and 2015, the ECtHR in the famous case of Delfi AS v. Estonia recognised the possibility for a website operator to be liable for the delayed removal of illegal comments of internet users. In this case the ECtHR formulated criteria for a website operator’s liability for damage caused to a third party by its visitor comments. The judgment of 2016 in the case of MTE & Index v. Hungary the ECtHR modified the criteria for a website operator’s liability, interpreting it to the benefit of web managers. This article seeks to reveal the criteria for the liability of a website operator and to draw some general guidance that can be applied in similar cases.

Website Operators’ Liability for Offensive Comments: A Comparative Analysis of <italic>Delfi as v. Estonia</italic> and <italic>MTE &amp; Index v. Hungary</italic>

Baltic Journal of Law & Politics

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Website Operators’ Liability for Offensive Comments: A Comparative Analysis of  and 

In 2013 and 2015, the ECtHR in the famous case of Delfi AS v. Estonia recognised the possibility for a website operator to be liable for the delayed removal of...

Website Operators’ Liability for Offensive Comments: A Comparative Analysis of Delfi as v. Estonia and MTE & Index v. Hungary

Published Online: Mar 07, 2018

Page range: 46 - 75

Received: Aug 02, 2017

Accepted: Dec 11, 2017

DOI: https://doi.org/10.1515/bjlp-2017-0012

Keywords
Delfi AS v. Estonia, MTE & Index v. Hungary, website operators’ liability, internet commentators’ liability, liability for offensive comments

© 2017 Jūratė Šidlauskienė et al., published by De Gruyter Open

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

Website Operators’ Liability for Offensive Comments: A Comparative Analysis of Delfi as v. Estonia and MTE & Index v. Hungary

Published Online: Mar 07, 2018

Page range: 46 - 75

Received: Aug 02, 2017

Accepted: Dec 11, 2017

DOI: https://doi.org/10.1515/bjlp-2017-0012

KeywordsDelfi AS v. Estonia, MTE & Index v. Hungary, website operators’ liability, internet commentators’ liability, liability for offensive comments

© 2017 Jūratė Šidlauskienė et al., published by De Gruyter Open

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

Keywords
Delfi AS v. Estonia, MTE & Index v. Hungary, website operators’ liability, internet commentators’ liability, liability for offensive comments