LIABILITY FOR USER-GENERATED COMMENTS
Decision by the European Court of Human Rights
The ECHR ruled today that Delfi (an Estonian commercially-run Internet news portal) was liable for the offensive online comments of its readers. Some consider this to be a serious blow to free speech online.
Press release
In today’s Grand Chamber judgment in the case of Delfi AS v. Estonia (application no. 64569/09) the European Court of Human Rights (ECHR) held, by 15 votes to two, that there had been no violation of Article 10 (freedom of expression) of the European Convention on Human Rights.
This was the first case in which the …
Read the rest »
LITIGATION IS A SKILLED PROFESSION (part 7)
Injunctive relief
Apart from seizures it is also possible to consider an application for interim injunctive relief (voorlopige voorziening). The Judge for Interim Relief can render so-called provisional relief, for instance order a building freeze or order the counterparty to pay an advance on the compensation. Such a provision is called provisional because it is a measure in the interests of maintaining order to which the court dealing with the principal case is not bound. So it may well be the case that the provisional judgment of the Judge for Interim Relief differs fundamentally from the judgment of the court …
Read the rest »
PUBLIC AUTHORITIES AND GOOD GOVERNANCE
European Court of Human Rights on good governance
The European Court of Human Rights (2 October 2012, Case of Czaja v. Poland, 5744/05) reiterates the particular importance of the principle of good governance. It requires that where an issue pertaining to the general interest is at stake, especially when it affects fundamental human rights, including property rights, the public authorities must act promptly and in an appropriate and above all consistent manner. It is desirable that public authorities act with the utmost care, in particular when dealing with matters of vital importance to individuals, such as welfare …
Read the rest »
STANDARDS OF DUE PROCESS APPLICABLE IN THE DUTCH CARIBBEAN
The Supreme Court applies strict standards
In respect of the standards of due process applicable in the Netherlands Antilles and Aruba, the European Convention for the Protection of Human Rights and Fundamental Freedoms (EVRM) applies, including article 6, which safeguards the right of due process.
The first sentence of article 6 EVRM reads as follows: ‘In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law’.
The requirement of a ‘fair hearing’ has …
Read the rest »