Holding the owner of a website – a political party’s local association – liable for third party defamatory comments posted to a website’s forum; the defendant carried out a moderation of the forum, but failed to prevent the obviously defamatory messages from being posted, while other comments favorable to the complainant were rejected; the appellate court was right in finding that the defendant had actual knowledge of the illegal content; the court cites the ECtHR case Delfi v Estonia.
Topic, claim, or defense
Defamation or Personality Rights
Highest Domestic/National (including State) Court
Type of law
General effect on immunity
General intermediary liability model
Takedown/Act Upon Knowledge (Includes Notice and Takedown)