Wednesday, February 5, 2014
Martin Husovec, International Max Planck Research School for Competition and Innovation, has published ECtHR Rules on Liability of ISPs as a Restriction of Freedom of Speech, in volume 9 of the Journal of Intellectual Property Law & Practice (2014). Here is the abstract.
The European Court of Human Rights (ECtHR) in Strasbourg handed down its first case concerning the liability of intermediaries. A ruling of the Estonian Supreme Court that imposed broad liability and a general monitoring obligation upon an internet news portal vis-à-vis third party comments made on its website under one of the news items was found by the ECtHR to be proportionate and justified interference with the freedom of expression. This is a brief case comment on this case.
The text is not available from SSRN.