DELFI AS v. ESTONIA JUDGMENT
13
Stressing that freedom of communication on the Internet should not prejudice the
human dignity, human rights and fundamental freedoms of others, especially minors;
Considering that a balance has to be found between respecting the will of users of
the Internet not to disclose their identity and the need for law enforcement authorities
to trace those responsible for criminal acts;
(...)
Declare that they seek to abide by the following principles in the field of
communication on the Internet:
Principle 1: Content rules for the Internet
“Member states should not subject content on the Internet to restrictions which go
further than those applied to other means of content delivery.”
Principle 3: Absence of prior state control
“Public authorities should not, through general blocking or filtering measures, deny
access by the public to information and other communication on the Internet,
regardless of frontiers. This does not prevent the installation of filters for the
protection of minors, in particular in places accessible to them, such as schools or
libraries.
Provided that the safeguards of Article 10, paragraph 2, of the Convention for the
Protection of Human Rights and Fundamental Freedoms are respected, measures may
be taken to enforce the removal of clearly identifiable Internet content or,
alternatively, the blockage of access to it, if the competent national authorities have
taken a provisional or final decision on its illegality.”
Principle 6: Limited liability of service providers for Internet content
“Member states should not impose on service providers a general obligation to
monitor content on the Internet to which they give access, that they transmit or store,
nor that of actively seeking facts or circumstances indicating illegal activity.
Member states should ensure that service providers are not held liable for content on
the Internet when their function is limited, as defined by national law, to transmitting
information or providing access to the Internet.
In cases where the functions of service providers are wider and they store content
emanating from other parties, member states may hold them co-responsible if they do
not act expeditiously to remove or disable access to information or services as soon as
they become aware, as defined by national law, of their illegal nature or, in the event
of a claim for damages, of facts or circumstances revealing the illegality of the
activity or information.
When defining under national law the obligations of service providers as set out in
the previous paragraph, due care must be taken to respect the freedom of expression