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  • Freedom of expression and the internet - are we entering the era of censorship? [Elektronski vir]
    Mohr, Vivian, 1997- ; Polajžar, Aljoša
    Freedom of expression is one of the fundamental human rights explicitly provided also by the European Convention on Human Rights under Article 10. Nowadays Internet provides a platform where an ... individual can exercise his right to freedom of expression in proportions as never before in history. For instance, he may post comments on news portals or on social media and his opinions, thoughts and beliefs may reach millions in modern globalized world. Nonetheless, the anonymity, which an individual enjoys online, opens a question of who should take the responsibility for unlawful comments of news portal`s readers, as it is virtually impossible to find the person posting the comments hiding "behind his mask". Moreover, if the news portal were to take responsibility for unlawful comments of its readers, would this infringe the right to freedom of expression of news portals and open the door to the era of censorship? In this paper we analysed the European Court of Human Rights case law on this topic, specifically cases Delfi v. Estonia and MTE v. Hungary and the impact of these judgments on the exercise of online news portals` freedom of expression. Our main findings are, that the European Court of Human Rights developed several principles and criteria to determine, whether the news portals are liable for user`s comments. After two cases in connection with this topic the result is 1:1 favouring the neither side. Furthermore, as explicitly stated in the judgements, there is no general solution yet, and the outcome of the analysis, whether the restriction of freedom of expression is justified or unlawful, depends on the circumstances of each particular case. The authors await future cases in front of the European Court of Human Rights to see in which direction the Court will steer its wheel on this topic.
    Source: Economics & management: globalization challenges [Elektronski vir] : conference proceedings (Str. 594-599)
    Type of material - conference contribution
    Publish date - 2017
    Language - english
    COBISS.SI-ID - 5430059

    Link(s):

    https://eman-conference.org/wp-content/uploads/2019/04/zbornik_radova_eman_2017_final_3.pdf

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