DELFI AS v. ESTONIA JUDGMENT
33
difficult for an individual to establish the identity of the persons to be sued.
Indeed, for purely technical reasons it would appear disproportionate to put
the onus of identification of the authors of defamatory comments on the
injured person in a case like the present one. Keeping in mind the State’s
positive obligations under Article 8 that may involve the adoption of
measures designed to secure respect for private life in the sphere of the
relations of individuals between themselves (see Von Hannover (no. 2),
cited above, § 98, with further references), the Court is not convinced that
measures allowing an injured party to bring a claim only against the authors
of defamatory comments – as the applicant company appears to suggest –
would have, in the present case, guaranteed effective protection of the
injured person’s right to private life. It notes that it was the applicant
company’s choice to allow comments by non-registered users, and that by
doing so it must be considered to have assumed a certain responsibility for
these comments.
92. The Court is mindful, in this context, of the importance of the wishes
of Internet users not to disclose their identity in exercising their freedom of
expression. At the same time, the spread of the Internet and the possibility –
or for some purposes the danger – that information once made public will
remain public and circulate forever, calls for caution. The ease of disclosure
of information on the Internet and the substantial amount of information
there means that it is a difficult task to detect defamatory statements and
remove them. This is so for an Internet news portal operator, as in the
present case, but this is an even more onerous task for a potentially injured
person, who would be less likely to possess resources for continual
monitoring of the Internet. The Court considers the latter element an
important factor in balancing the rights and interests at stake. It also refers,
in this context, to the Krone Verlag (no. 4) judgment, where it found that
shifting the defamed person’s risk to obtain redress for defamation
proceedings to the media company, usually in a better financial position
than the defamer, was not as such a disproportionate interference with the
media company’s right to freedom of expression (see Krone
Verlag GmbH & Co. KG v. Austria (no. 4), no. 72331/01, § 32, 9 November
2006).
93. Lastly, the Court notes that the applicant company was obliged to
pay the affected person the equivalent of EUR 320 in non-pecuniary
damages. The Court is of the opinion that this sum, also taking into account
that the applicant company was a professional operator of one of the largest
Internet news portals in Estonia, can by no means be considered
disproportionate to the breach established by the domestic courts.
94. Based on the above elements, in particular the insulting and
threatening nature of the comments, the fact that the comments were posted
in reaction to an article published by the applicant company in its
professionally-managed news portal run on a commercial basis, the