8
DELFI AS v. ESTONIA JUDGMENT
D. Subsequent developments
30. According to information posted on 1 October 2009 by Delfi on its
Internet portal Delfi did not allow persons who had posted offensive
comments to post a new comment until the commenter had read and
accepted the rules of commenting. Furthermore, it was announced that Delfi
had set up a team of moderators who carried out follow-up moderation of
comments posted on the portal. First of all, the moderators reviewed all user
notices of inappropriate comments. The compliance of comments with the
rules of commenting was monitored as well. According to the information
published, the number of comments posted by Delfi’s readers in August
2009 had been 190,000. Delfi’s moderators had removed 15,000 comments
(about 8%), mainly consisting of spam or irrelevant comments. The share of
defamatory comments had been less than 0.5% of the total number of
comments.
II. RELEVANT DOMESTIC LAW AND PRACTICE
31. The Constitution of the Republic of Estonia (Eesti Vabariigi
põhiseadus) provides:
Article 17
“No one’s honour or good name shall be defamed.”
Article 19
“(1) Everyone has the right to free self-realisation.
(2) Everyone shall honour and consider the rights and freedoms of others, and shall
observe the law in exercising his or her rights and freedoms and in fulfilling his or her
duties.”
Article 45
“(1) Everyone has the right to freely disseminate ideas, opinions, beliefs and other
information by word, print, picture or other means. This right may be restricted by law
to protect public order, morals, and the rights and freedoms, health, honour and the
good name of others. This right may also be restricted by law for state and local
government public servants, to protect a state or business secret or information
received in confidence, which has become known to them by reason of their office,
and the family and private life of others, as well as in the interests of justice.
(2) There is to be no censorship.”
32. Section 138 of the Civil Code (General Principles) Act
(Tsiviilseadustiku üldosa seadus) provides that rights shall be exercised and