10
DELFI AS v. ESTONIA JUDGMENT
the information has checked the information or other matters with a thoroughness
which corresponds to the gravity of the potential violation.
(4) In the event of disclosure of incorrect information, the victim may demand that
the person who has disclosed such information refute the information or publish a
correction at their own expense, regardless of whether the disclosure of the
information was unlawful or not.”
Section 1055 – Prohibition on damaging actions
“(1) If unlawful damage is caused continually or a threat is made that unlawful
damage will be caused, the victim or the person who is threatened has the right to
demand that behaviour which causes damage be terminated or the making of threats
of such behaviour be refrained from. In the event of bodily injury, damage to health,
violation of inviolability of personal life or any other personality rights, it may be
demanded, inter alia, that the tortfeasor be prohibited from approaching others
(restraining order), the use of housing or communication be regulated, or other similar
measures be applied.
(2) The right to demand that behaviour which causes damage as specified in
subsection (1) of this section be terminated does not apply if it is reasonable to expect
that such behaviour can be tolerated in human coexistence or due to significant public
interest. In such a case the victim has the right to make a claim for compensation for
damage caused unlawfully ...”
37. The Information Society Services Act (Infoühiskonna teenuse
seadus) provides as follows:
Section 8 – Restricted liability upon mere transmission of information and provision
of access to public data communications network
“(1) Where a service is provided that consists of the mere transmission in a public
data communication network of information provided by a recipient of the service, or
the provision of access to a public data communication network, the service provider
is not liable for the information transmitted, on condition that the provider:
1) does not initiate the transmission;
2) does not select the receiver of the transmission;
3) does not select or modify the information contained in the transmission.
(2) The acts of transmission and of provision of access within the meaning of
paragraph 1 of this section include the automatic, intermediate and transient storage of
the information transmitted, in so far as this takes place for the sole purpose of
carrying out the transmission in the public data communication network, and provided
that the information is not stored for any period longer than is reasonably necessary
for the transmission.”