The Chilling Effect of Liability for Online Reader Comments
Abstract
This article assesses how the European Court of Human Rights has responded to the argument that holding online news media liable for reader comments has a chilling effect on freedom of expression. The article demonstrates how the Court first responded by dismissing the argument, and focused on the apparent lack of evidence for any such chilling effect. The article then argues that the Court has moved away from its initial rejection, and now accepts that a potential chilling effect, even without evidence, is integral to deciding whether online news media should be liable for reader comments. Finally, the article argues that this latter view is consistent with the Court’s precedent in other areas of
freedom of expression law where a similar chilling effect may also arise.
chilling effect, defamation, electronic publishing, Freedom of expression, frontpage, Human rights, liability, online reader comments
Bibtex
Article{Fahy2017b,
title = {The Chilling Effect of Liability for Online Reader Comments},
author = {Fahy, R.},
url = {https://www.ivir.nl/publicaties/download/EHRLR_2017_4.pdf},
year = {0824},
date = {2017-08-24},
journal = {European Human Rights Law Review},
volume = {2017},
number = {4},
pages = {387-393},
abstract = {This article assesses how the European Court of Human Rights has responded to the argument that holding online news media liable for reader comments has a chilling effect on freedom of expression. The article demonstrates how the Court first responded by dismissing the argument, and focused on the apparent lack of evidence for any such chilling effect. The article then argues that the Court has moved away from its initial rejection, and now accepts that a potential chilling effect, even without evidence, is integral to deciding whether online news media should be liable for reader comments. Finally, the article argues that this latter view is consistent with the Court’s precedent in other areas of
freedom of expression law where a similar chilling effect may also arise.},
keywords = {chilling effect, defamation, electronic publishing, Freedom of expression, frontpage, Human rights, liability, online reader comments},
}