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Jurisprudence

ECtHR: Internet news portal liable for the offensive online comments

23 October, 2013
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The European Court of Human Rights (ECtHR) ruled on 10 October 2013 in the case Delfi AS vs.

ECJ Advocate General: Google shouldn't be forced to block results

3 July, 2013
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In a case opposing the Spanish Data Protection Agency (AEPD) and Google Spain, Niilo Jaaskinen, the Advocate General of the European Court of Justice (ECJ ), issued on 25 June 2013 his opinion that, on the basis of the Data Protection Directive, search engine service providers are, in principle, not responsible of personal data appearing on web pages they process.

AEPD requested Google Spain to remove results regarding an auction notice for a repossessed home, based on a complaint from a person who had claimed that the search results were infringing on his right to privacy and who had asked for the removal of the results.

Turkish pianist sentenced for comments on Twitter

24 April, 2013
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This article is also available in:
Deutsch: Meinungsfreiheit: Türkischer Pianist wegen Twitter-Kommentaren verurt...


On 15 April 2013, the Criminal Court of Justice of Istanbul gave Turkish pianist Fazil Say a 10 month suspended jail sentence over comments on Twitter, deciding he was guilty of violating an article of the Turkish Criminal Code that forbids the “denigration of the religious values held by a section of society”.

The pianist was prosecuted in June 2012 by the Istanbul Public Prosecutor's Office after he had posted a series of tweets on Twitter and was accused of insulting Islam, while t

No intermediary liability for bloggers

27 March, 2013
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This article is also available in:
Deutsch: Blogger haften nicht für Kommentare Dritter


Bloggers should not be considered liable for third-party comments on their posts in cases when they have not specifically intervened in the content at issue, as doing so would strongly affect freedom of expression.

This is the clear position of the EDRi-member Article 19 that comes in relation to a case now pending with the European Court of Human Rights (ECtHR) in which a Polish municipal councillor was sued because there had been allegedly defamatory comments to one of his posts, addressed to the mayor of the town, during the electoral campaig

UK court: Google liable for comments posted on its Blogger platform

27 February, 2013
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The Court of Appeal of England and Wales decided on 14 February 2013 that Google could be considered liable for comments posted on its Blogger platform unless it reacts promptly to a complaint.

Reversing a previous ruling in March 2012 of the High Court which considered that Google, in its platform provider role, should not be treated as a publisher, the Appeal Court ruled that the company could be liable for the content published on its blogging platform if it allowed content (in this case comments on a specific blog hosted at Blogger) to remain after having received complaints that the respective content was defamatory.

ECtHR: Blocking Google Sites in Turkey breaches human rights

19 December, 2012
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This article is also available in:
Deutsch: EGMR: Sperre von Google-Seiten in der Türkei verstößt gegen Mensche...


The European Court of Human Rights (ECtHR) decided on 18 December 2012 that the Turkish Court decision to block the entire Google Sites breached the Freedom of Expression as foreseen in Article 10 of the European Convention of Human Rights (ECHR).

Turkey has a long history of censorship policy regarding Internet content and blocking of websites.

Russia: Pussy Riot's videos declared illegal on the Internet

5 December, 2012
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This article is also available in:
Deutsch: Russland: Pussy Riot Videos aus dem Netz verbannt


A Moscow-based court has ruled on 29 November 2012 that four videos of the already famous dissident punk band Pussy Riot are extremist and therefore should be banned on the Russian Internet. The court said that all the Russian websites that do not comply with this obligation could pay a fine of up to approx. 2500 Euro (100 000 roubles).

European domain names under siege

5 December, 2012
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This article is also available in:
Deutsch: Europäische Domainnamen unter Druck


On 26 November 2012, 132 or 133 domain names were seized by the U.S. Immigration and Customs Enforcement's Homeland Security Investigations (ICE) in collaboration with the Europol and national law enforcement authorities.

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