Vakar Europos žmogaus teisių teismas priėmė ypatingos svarbos sprendimą dėl žodžio laisvės internete. Sprendimas byloje DELFI prieš Estija paskelbtas viešai ir su juo jau galima susipažinti.
Štai viena svarbi vieta iš sprendimo:
Lastly, the Court notes that the applicant company was obliged to pay the affected person the equivalent of EUR 320 in non-pecuniary damages. The Court is of the opinion that this sum, also taking into account that the applicant company was a professional operator of one of the largest Internet news portals in Estonia, can by no means be considered disproportionate to the breach established by the domestic courts.
Based on the above elements, in particular the insulting and threatening nature of the comments, the fact that the comments were posted in reaction to an article published by the applicant company in its professionally-managed news portal run on a commercial basis, the insufficiency of the measures taken by the applicant company to avoid damage being caused to other parties’ reputations and to ensure a realistic possibility that the authors of the comments will be held liable, and the moderate sanction imposed on the applicant company, the Court considers that in the present case the domestic courts’ finding that the applicant company was liable for the defamatory comments posted by readers on its Internet news portal was a justified and proportionate restriction on the applicant company’s right to freedom of expression.
There has accordingly been no violation of Article 10 of the Convention.