(1) The court ruled that the news portal that enabled commenting news articles published at its websites did not act neutrally (the activities of the ISP were not merely technical, automatic and passive in nature) as required under Section 10 of the ISSA (Section 14 of the e-Commerce Directive) and therefore the news portal could not benefit from the exemption of liability.
(2) The court found that the Supreme Court in the Delfi case had reached a similar conclusion than the European Court of Justice in the Google AdWords case (C-236/08 to C-238/08) meaning that if an enterprise is not providing a service that is of a mere technical, automatic and passive nature, the enterprise cannot be exempted from liability.
Topic, claim, or defense
Defamation or Personality Rights
Lowest Domestic Court
Type of service provider
Host (Including Social Networks)
OSP obligation considered
Block or Remove
Monitor or Filter
Type of law
General effect on immunity
General intermediary liability model
No Safe Harbor or Immunity