The European Court of Human Rights (ECHR) upheld an Estonian court’s decision to hold the local news site, Delfi AS, liable for comments posted anonymously in response to a published story. Effectively, ECHR found that attaching such liability to the news site did not violate its right to freedom of expression, Paid Content reports.
In 2006, Delfi published a story about the changing routes of a local ferry firm–a schedule alteration that delayed the opening of new roads to nearby islands. Readers responded anonymously expressing their outrage in writing by posting public comments on the site. Some such comments were specifically aimed at the ferry firm. The firm sued Delfi and won, notwithstanding Delfi’s disclaimer that commenters were liable for their own expressions, according to Paid Content.
Of its decision, the ECHR said:
Making Delfi legally responsible for the comments was therefore practical [in light of the anonymous nature of the comments]; but it was also reasonable because the news portal received commercial benefit from comments being made.
Of course, this raises substantial concern over the future of anonymity in cyberspace. As one news outlet responded:
It is difficult to see how any site would allow anonymous comments if this ruling stands as precedent.
It’s all a bit “chilling,” isn’t it?
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