Het gaat alleen om nieuwssites, niet om discussiefora's en andere dingen. Op de achtergrond speelt dat het alleen om nieuwssites gaat die winst willen maken.
"115. Consequently, the Court considers that the case concerns the “duties and responsibilities” of Internet news portals, under Article 10 § 2 of the Convention, when they provide for economic purposes a platform for user-generated comments on previously published content and some users – whether identified or anonymous – engage in clearly unlawful speech, which infringes the personality rights of others and amounts to hate speech and incitement to violence against them. The Court emphasises that the present case relates to a large professionally managed Internet news portal run on a commercial basis which published news articles of its own and invited its readers to comment on them.
116. Accordingly, the case does not concern other fora on the Internet where third-party comments can be disseminated, for example an Internet discussion forum or a bulletin board where users can freely set out their ideas on any topics without the discussion being channelled by any input from the forum’s manager; or a social media platform where the platform provider does not offer any content and where the content provider may be a private person running the website or a blog as a hobby."
Dan gaat het om een afweging tussen vrijheid van meningsuiting en recht op een persoonlijke levenssfeer (waarbij je de verwachting mag hebben dat je niet bedreigt wordt op het internet.
"110. The Court notes at the outset that user-generated expressive activity on the Internet provides an unprecedented platform for the exercise of freedom of expression. That is undisputed and has been recognised by the Court on previous occasions (see Ahmet Yıldırım v. Turkey, no. 3111/10, § 48, ECHR 2012, and Times Newspapers Ltd (nos. 1 and 2) v. the United Kingdom, nos. 3002/03 and 23676/03, § 27, ECHR 2009). However, alongside these benefits, certain dangers may also arise. Defamatory and other types of clearly unlawful speech, including hate speech and speech inciting violence, can be disseminated like never before, worldwide, in a matter of seconds, and sometimes remain persistently available online. These two conflicting realities lie at the heart of this case. Bearing in mind the need to protect the values underlying the Convention, and considering that the rights under Article 10 and 8 of the Convention deserve equal respect, a balance must be struck that retains the essence of both rights. Thus, while the Court acknowledges that important benefits can be derived from the Internet in the exercise of freedom of expression, it is also mindful that liability for defamatory or other types of unlawful speech must, in principle, be retained and constitute an effective remedy for violations of personality rights."
Dus laten we niet overdrijven. Zo eng is het allemaal niet. Het gaat hier om een redelijk specifieke situatie en het soort domme comments waarvan een wet volgens het EHRM dus mag eisen dat die op een nieuwssite die voor winst bestaat worden verwijderd zijn zowiezo ontzettend dom en voegen alleen negeatief toe aan enig debat.
Hier de comments waar het om gaat:
"1. (1) there are currents in [V]äinameri
(2) open water is closer to the places you referred to, and the ice is thinner.
Proposal – let’s do as in 1905, let’s go to [K]uressaare with sticks and put [L.] and [Le.] in a bag
2. bloody shitheads...
they bathe in money anyway thanks to that monopoly and State subsidies and have now started to fear that cars may drive to the islands for a couple of days without anything filling their purses. burn in your own ship, sick Jew!
3. good that [La.’s] initiative has not broken down the lines of the web flamers. go ahead, guys, [L.] into the oven!
4. [little L.] go and drown yourself
5. aha... [I] hardly believe that that happened by accident... assholes fck
6. rascal!!! [in Russian]
7. What are you whining for, knock this bastard down once and for all [.] In future the other ones ... will know what they risk, even they will only have one little life.
8. ... is goddamn right. Lynching, to warn the other [islanders] and would-be men. Then nothing like that will be done again! In any event, [L.] very much deserves that, doesn’t he.
9. “a good man lives a long time, a shitty man a day or two”
10. If there was an iceroad, [one] could easily save 500 for a full car, fckng [L.] pay for that economy, why does it take 3 [hours] for your ferries if they are such good icebreakers, go and break ice in Pärnu port ... instead, fcking monkey, I will cross [the strait] anyway and if I drown, it’s your fault
11. and can’t anyone defy these shits?
12. inhabitants of Saaremaa and Hiiumaa islands, do 1:0 to this dope.
13. wonder whether [L.] won’t be knocked down in Saaremaa? screwing one’s own folk like that.
14. The people will chatter for a couple of days on the Internet, but the crooks (and also those who are backed and whom we ourselves have elected to represent us) pocket the money and pay no attention to this flaming – no one gives a shit about this.
Once [M.] and other big crooks also used to boss around, but their greed struck back (RIP). Will also strike back for these crooks sooner or later. As they sow, so shall they reap, but they should nevertheless be contained (by lynching as the state is powerless towards them – it is really them who govern the state), because they only live for today. Tomorrow, the flood.
15. this [V.] will one day get hit with a cake by me.
damn, as soon as you put a cauldron on the fire and there is smoke rising from the chimney of the sauna, the crows from Saaremaa are there – thinking that ... a pig is going to be slaughtered. no way
16. bastards!!!! Ofelia also has an ice class, so this is no excuse why Ola was required!!!
17. Estonian state, led by scum [and] financed by scum, of course does not prevent or punish antisocial acts by scum. But well, every [L.] has his Michaelmas ... and this cannot at all be compared to a ram’s Michaelmas.[1] Actually sorry for [L.] – a human, after all... :D :D :D
18. ... if after such acts [L.] should all of a sudden happen to be on sick leave and also next time the ice road is destroyed ... will he [then] dare to act like a pig for the third time? :)
19. fucking bastard, that [L.]... could have gone home with my baby soon ... anyway his company cannot guarantee a normal ferry service and the prices are such that ... real creep ... a question arises whose pockets and mouths he has filled up with money so that he’s acting like a pig from year to year
20. you can’t make bread from shit; and paper and internet can stand everything; and just for my own fun (really the state and [L.] do not care about the people’s opinion) ... just for fun, with no greed for money – I pee into [L.’s] ear and then I also shit onto his head. :)"
Dit is absoluut geen gevaar voor de vrijheid van meningsuiting, alleen paniekzaaiers met slippery slope argumenten denken dat.
Er zijn veel engere ontwikkelingen nu aan de gang. Zoals de vervolging van de man die de rascisitische korpschef in Den Haag een rascist noemde, het fuck de koning gebeuren en de veroordeling van Joke Kaviaar.
Beetje meer info is wel
Beetje meer info is wel goed.
Het gaat alleen om nieuwssites, niet om discussiefora's en andere dingen. Op de achtergrond speelt dat het alleen om nieuwssites gaat die winst willen maken.
"115. Consequently, the Court considers that the case concerns the “duties and responsibilities” of Internet news portals, under Article 10 § 2 of the Convention, when they provide for economic purposes a platform for user-generated comments on previously published content and some users – whether identified or anonymous – engage in clearly unlawful speech, which infringes the personality rights of others and amounts to hate speech and incitement to violence against them. The Court emphasises that the present case relates to a large professionally managed Internet news portal run on a commercial basis which published news articles of its own and invited its readers to comment on them.
116. Accordingly, the case does not concern other fora on the Internet where third-party comments can be disseminated, for example an Internet discussion forum or a bulletin board where users can freely set out their ideas on any topics without the discussion being channelled by any input from the forum’s manager; or a social media platform where the platform provider does not offer any content and where the content provider may be a private person running the website or a blog as a hobby."
Dan gaat het om een afweging tussen vrijheid van meningsuiting en recht op een persoonlijke levenssfeer (waarbij je de verwachting mag hebben dat je niet bedreigt wordt op het internet.
"110. The Court notes at the outset that user-generated expressive activity on the Internet provides an unprecedented platform for the exercise of freedom of expression. That is undisputed and has been recognised by the Court on previous occasions (see Ahmet Yıldırım v. Turkey, no. 3111/10, § 48, ECHR 2012, and Times Newspapers Ltd (nos. 1 and 2) v. the United Kingdom, nos. 3002/03 and 23676/03, § 27, ECHR 2009). However, alongside these benefits, certain dangers may also arise. Defamatory and other types of clearly unlawful speech, including hate speech and speech inciting violence, can be disseminated like never before, worldwide, in a matter of seconds, and sometimes remain persistently available online. These two conflicting realities lie at the heart of this case. Bearing in mind the need to protect the values underlying the Convention, and considering that the rights under Article 10 and 8 of the Convention deserve equal respect, a balance must be struck that retains the essence of both rights. Thus, while the Court acknowledges that important benefits can be derived from the Internet in the exercise of freedom of expression, it is also mindful that liability for defamatory or other types of unlawful speech must, in principle, be retained and constitute an effective remedy for violations of personality rights."
Dus laten we niet overdrijven. Zo eng is het allemaal niet. Het gaat hier om een redelijk specifieke situatie en het soort domme comments waarvan een wet volgens het EHRM dus mag eisen dat die op een nieuwssite die voor winst bestaat worden verwijderd zijn zowiezo ontzettend dom en voegen alleen negeatief toe aan enig debat.
Hier de comments waar het om gaat:
"1. (1) there are currents in [V]äinameri
(2) open water is closer to the places you referred to, and the ice is thinner.
Proposal – let’s do as in 1905, let’s go to [K]uressaare with sticks and put [L.] and [Le.] in a bag
2. bloody shitheads...
they bathe in money anyway thanks to that monopoly and State subsidies and have now started to fear that cars may drive to the islands for a couple of days without anything filling their purses. burn in your own ship, sick Jew!
3. good that [La.’s] initiative has not broken down the lines of the web flamers. go ahead, guys, [L.] into the oven!
4. [little L.] go and drown yourself
5. aha... [I] hardly believe that that happened by accident... assholes fck
6. rascal!!! [in Russian]
7. What are you whining for, knock this bastard down once and for all [.] In future the other ones ... will know what they risk, even they will only have one little life.
8. ... is goddamn right. Lynching, to warn the other [islanders] and would-be men. Then nothing like that will be done again! In any event, [L.] very much deserves that, doesn’t he.
9. “a good man lives a long time, a shitty man a day or two”
10. If there was an iceroad, [one] could easily save 500 for a full car, fckng [L.] pay for that economy, why does it take 3 [hours] for your ferries if they are such good icebreakers, go and break ice in Pärnu port ... instead, fcking monkey, I will cross [the strait] anyway and if I drown, it’s your fault
11. and can’t anyone defy these shits?
12. inhabitants of Saaremaa and Hiiumaa islands, do 1:0 to this dope.
13. wonder whether [L.] won’t be knocked down in Saaremaa? screwing one’s own folk like that.
14. The people will chatter for a couple of days on the Internet, but the crooks (and also those who are backed and whom we ourselves have elected to represent us) pocket the money and pay no attention to this flaming – no one gives a shit about this.
Once [M.] and other big crooks also used to boss around, but their greed struck back (RIP). Will also strike back for these crooks sooner or later. As they sow, so shall they reap, but they should nevertheless be contained (by lynching as the state is powerless towards them – it is really them who govern the state), because they only live for today. Tomorrow, the flood.
15. this [V.] will one day get hit with a cake by me.
damn, as soon as you put a cauldron on the fire and there is smoke rising from the chimney of the sauna, the crows from Saaremaa are there – thinking that ... a pig is going to be slaughtered. no way
16. bastards!!!! Ofelia also has an ice class, so this is no excuse why Ola was required!!!
17. Estonian state, led by scum [and] financed by scum, of course does not prevent or punish antisocial acts by scum. But well, every [L.] has his Michaelmas ... and this cannot at all be compared to a ram’s Michaelmas.[1] Actually sorry for [L.] – a human, after all... :D :D :D
18. ... if after such acts [L.] should all of a sudden happen to be on sick leave and also next time the ice road is destroyed ... will he [then] dare to act like a pig for the third time? :)
19. fucking bastard, that [L.]... could have gone home with my baby soon ... anyway his company cannot guarantee a normal ferry service and the prices are such that ... real creep ... a question arises whose pockets and mouths he has filled up with money so that he’s acting like a pig from year to year
20. you can’t make bread from shit; and paper and internet can stand everything; and just for my own fun (really the state and [L.] do not care about the people’s opinion) ... just for fun, with no greed for money – I pee into [L.’s] ear and then I also shit onto his head. :)"
Dit is absoluut geen gevaar voor de vrijheid van meningsuiting, alleen paniekzaaiers met slippery slope argumenten denken dat.
Er zijn veel engere ontwikkelingen nu aan de gang. Zoals de vervolging van de man die de rascisitische korpschef in Den Haag een rascist noemde, het fuck de koning gebeuren en de veroordeling van Joke Kaviaar.