Delfi revisited: the MTE-Index.hu v. Hungary case

On 2 February 2016, the European Court of Human Rights (ECtHR) delivered a judgement on Magyar Tartalomszolgáltatók Egyesülete and Index.hu Zrt v. Hungary (MTE and Index.hu). The case concerned the liability of online intermediaries for user comments. Using the criteria established in the Delfi AS case of 16 June 2015, the Court found that there had been a violation of Article 10 of the European Convention on Human Rights, the right to freedom of expression. Unlike in Delfi AS, the Court decided that the incriminated comments in this case did not amount to hate speech or incitement to violence. Following on from this recent blogpost which summarises the two cases, Pieter-Jan Ombelet and Aleksandra Kuczerawy from KU Leuven analyse the criteria that were taken into account by the ECtHR in both cases, and highlight some of the implications of the recent judgement

Not so different after all? Reconciling Delfi vs. Estonia with EU rules on intermediary liability

On 16 June 2015, the European Court of Human Rights delivered its final judgment in Delfi AS v. Estonia. By fifteen votes to two, the Grand Chamber ruled that there was no violation of Article 10 of the Convention of Human Rights (‘the Convention’ hereafter) despite the imposition of publisher liability for user generated content. Would the case have been decided differently if it had been referred to the Court of Justice of the European Union (CJEU) for assessment under the E-Commerce Directive? Aleksandra Kuczerawy and Pieter-Jan Ombelet of the KU Leuven Interdisciplinary Centre for Law and ICT (ICRI-CIR) analyse whether the Delfi ruling can be reconciled with existing CJEU case law regarding liability of internet intermediaries

Increasing the Availability of Spatial Data held by Public Sector Bodies: Some Experiences and Guidelines from the OneGeology-Europe Project

This paper provides an overview of the OneGeology-Europe project’s work on the harmonisation of access and licensing policies of the national Geological Surveys in the European Union. After presenting the European legal framework for the availability of public sector spatial data, it sets out some of the main challenges for harmonising data policies and the activities that were undertaken in the OneGeology-Europe project to address these challenges. These activities include the creation of a Code of Practice and model licences