In what has been regarded a surprising decision, the ECHR has found Delfi, a news website in Estonia, responsible for anonymous comments posted to its website, Ars Technica. Despite the fact that Delfi removed the comments as soon as it had been notified, the decision affirmed an earlier decision made in 2013 that there had no violation of Delfi’s rights to freedom of expression.

The reasoning behind the court’s decision was based on factors such as the “extreme” nature of the comments which the court considered to amount to hate speech, the fact the comments were published on a commercial news site and the lack of proactive measures taken by Delfi to filter comments.

Case report Delfi v Estonia