https://www.techdirt.com/articles/201506...ents.shtml

Quote:Huge Loss For Free Speech In Europe: Human Rights Court Says Sites Liable For User Comments
from the this-is-big-and-dangerous dept
Last year we wrote about a very dangerous case going to the European Court of Human Rights: Delfi AS v. Estonia, which threatened free expression across Europe. Today, the ruling came out and it's a disaster. In short, websites can be declared liable for things people post in comments. As we explained last year, the details of the case were absolutely crazy. The court had found that even if a website took down comments after people complained, it could still be held liable because it should have anticipated bad comments in the first place. Seriously. In this case, the website had published what everyone agrees was a "balanced" article about "a matter of public interest" but that the website publisher should have known that people would post nasty comments, and therefore, even though it automated a system to remove comments that people complained about, it was still liable for the complaints.

(07-05-2015 07:29 PM)georgia_tech_swagger Wrote:  https://www.techdirt.com/articles/201506...ents.shtml

Quote:Huge Loss For Free Speech In Europe: Human Rights Court Says Sites Liable For User Comments
from the this-is-big-and-dangerous dept
Last year we wrote about a very dangerous case going to the European Court of Human Rights: Delfi AS v. Estonia, which threatened free expression across Europe. Today, the ruling came out and it's a disaster. In short, websites can be declared liable for things people post in comments. As we explained last year, the details of the case were absolutely crazy. The court had found that even if a website took down comments after people complained, it could still be held liable because it should have anticipated bad comments in the first place. Seriously. In this case, the website had published what everyone agrees was a "balanced" article about "a matter of public interest" but that the website publisher should have known that people would post nasty comments, and therefore, even though it automated a system to remove comments that people complained about, it was still liable for the complaints.

Good. Let Europe illustrate the disaster of thought control. Maybe stupid people here will notice
Nah. I doubt it. Nevemind.

Europe was not born of free expression like the U.S. They are still subjects at heart.

In Soviet Estonia, Web site comments on you!

Slightly relevant:

https://www.techdirt.com/articles/201403...date.shtml

Canada's legal system is closely aligned with European ideas like this. And liberals in the U.S. like to follow Europe on these kind of issues.

This thinking will make it to the U.S. eventually. Hopefully not in our lifetime.

(07-05-2015 09:46 PM)UConn-SMU Wrote:  Canada's legal system is closely aligned with European ideas like this. And liberals in the U.S. like to follow Europe on these kind of issues.

This thinking will make it to the U.S. eventually. Hopefully not in our lifetime.

I don't think that's the case at all. There are idiots on both sides who would want limitations placed on our abilities to freely express ourselves, from burning flags to posting racist comments on messageboards, so let's not act like either side has a monopoly here. The reasonable 60% of us can agree both should be legal, but socially frowned upon.

The most powerful force on the internet today is the common troll.

But, it doesn't bother me, most European nations have less protection of free speech than we have. Well, let's be honest, most European nations do not have actual freedom of speech period.

(07-07-2015 03:37 PM)HeartOfDixie Wrote:  The most powerful force on the internet today is the common troll.

But, it doesn't bother me, most European nations have less protection of free speech than we have. Well, let's be honest, most European nations do not have actual freedom of speech period.

While they don't have the enumerated protections to speech that we have here, practically they have pretty free speech over there too. These sorts of cases aren't the norm, while the fact that they can occur is just stupid.

(07-07-2015 03:40 PM)UCF08 Wrote:  

(07-07-2015 03:37 PM)HeartOfDixie Wrote:  The most powerful force on the internet today is the common troll.

But, it doesn't bother me, most European nations have less protection of free speech than we have. Well, let's be honest, most European nations do not have actual freedom of speech period.

While they don't have the enumerated protections to speech that we have here, practically they have pretty free speech over there too. These sorts of cases aren't the norm, while the fact that they can occur is just stupid.

American jurisprudence has always taken the stance that restrained speech is not free speech. Most European nations have laws against support of certain political parties, waving flags in public, and otherwise "severely unpopular" opinions.

We go out of our way here to protect unpopular speech, because it has historically been seen as the most important speech.

(07-07-2015 03:40 PM)UCF08 Wrote:  

(07-07-2015 03:37 PM)HeartOfDixie Wrote:  The most powerful force on the internet today is the common troll.

But, it doesn't bother me, most European nations have less protection of free speech than we have. Well, let's be honest, most European nations do not have actual freedom of speech period.

While they don't have the enumerated protections to speech that we have here, practically they have pretty free speech over there too. These sorts of cases aren't the norm, while the fact that they can occur is just stupid.

Is that like being a little pregnant?

(07-05-2015 08:27 PM)dmacfour Wrote:  Slightly relevant:

https://www.techdirt.com/articles/201403...date.shtml

Difference: In Europe the website itself would be libel. Here the website just has to obey a court ordered subpoena and then it is out of the equation.

(07-07-2015 03:59 PM)georgia_tech_swagger Wrote:  

(07-05-2015 08:27 PM)dmacfour Wrote:  Slightly relevant:

https://www.techdirt.com/articles/201403...date.shtml

Difference: In Europe the website itself would be libel. Here the website just has to obey a court ordered subpoena and then it is out of the equation.

I think you mean "liable" (?). I apologize if I'm wrong.

The left likes to shift and spread blame instead of holding a perpetrator accountable. That's what happens in collectivist societies.

(07-07-2015 03:37 PM)HeartOfDixie Wrote:  But, it doesn't bother me, most European nations have less protection of free speech than we have. Well, let's be honest, most European nations do not have actual freedom of speech period.

To American liberals this is a feature, not a bug.

(07-07-2015 05:06 PM)UConn-SMU Wrote:  I think you mean "liable" (?). I apologize if I'm wrong.

The left likes to shift and spread blame instead of holding a perpetrator accountable. That's what happens in collectivist societies.

You are correct. I have a nasty habit of watching podcasts or ESPN Goal Line while posting. And weird crap gets lost in translation from my head to my fingers on the keyboard.

But isn't the Web site liable for libel according to the ECHR ruling?

(sorry, couldn't resist)