ECtHR decision: Commercial websites could be liable for users’ comments
Tue 16 Jun 2015, 20:00

The European Court of Human Rights (ECtHR) has ruled that the Estonian news site Delfi may be held responsible for anonymous and allegedly defamatory comments from its readers. This goes against the European Union’s e-commerce directive, which guarantees liability protection for intermediaries that implement notice-and-takedown mechanisms on third-party comments.

Therefore, one of the worrying aspects of the ECtHR decision is that it may encourage the idea that intermediaries are liable for "manifestly unlawful" content, without specifying what "manifestly unlawful" actually means.