LIABILITY OF INTERNET INTERMEDIARIES FOR USER-GENERATED CONTENT UNDER EUROPEAN LAW, FOLLOWING THE JUDGMENT OF THE EUROPEAN COURT OF HUMAN RIGHTS ON DELFI AS V. ESTONIA CASE
School of Economics, Business Administration and Legal Studies, LLM in Transnational and European Commercial Law, Mediation, Arbitration and Energy Law
This dissertation was written as part of the LLM in Transnational and European Com-mercial Law, Mediation, Arbitration and Energy Law at the International Hellenic Uni-versity.
The dissertation is based on the recent judgment of the European Court of the Human Rights on Delfi v. Estonia case. This judgment caused a lot of reaction as it brought a lot of changes to the Internet Intermediaries’ regime as we know it under the e-Commerce Directive.
The Court held that there was no interference with the freedom of expression of the intermediary, Delfi, when held liable for comments that third parties had published as a response to an article Delfi uploaded. Moreover, it equated an internet intermediary with a traditional publisher of printed media and established an obligation of interme-diaries to exercise prior control to the content posted on their website, which is cur-rently not allowed under the e-Commerce Directive regime.
In this thesis, I will describe the current regime on Internet liability in the EU as it is es-tablished by the e-Commerce directive, the decision taken by the European Court of the Human Rights the reactions it has caused, its contradiction with the current EU regime and the legislative changes that have to take place in order for the EU regime to be up-to-date with the development and expanding of the Internet.
At this point I would like to thank the International Hellenic University for the opportunity to attend the LLM and gain useful experience and knowledge. I would also like to thank my supervisor professor, Mrs. Eleni Kosta, who helped me with the choice of the thesis topic, provided me with useful knowledge and material and has been supportive throughout the drafting of this thesis and Mr. Komninos Komnios who also helped me with the choice of the thesis topic. Moreover I would like to thank my family, friends and colleagues for the support and understanding