34
DELFI AS v. ESTONIA JUDGMENT
insufficiency of the measures taken by the applicant company to avoid
damage being caused to other parties’ reputations and to ensure a realistic
possibility that the authors of the comments will be held liable, and the
moderate sanction imposed on the applicant company, the Court considers
that in the present case the domestic courts’ finding that the applicant
company was liable for the defamatory comments posted by readers on its
Internet news portal was a justified and proportionate restriction on the
applicant company’s right to freedom of expression.
There has accordingly been no violation of Article 10 of the Convention.
FOR THESE REASONS, THE COURT UNANIMOUSLY
1. Declares the application admissible;
2. Holds that there has been no violation of Article 10 of the Convention.
Done in English, and notified in writing on 10 October 2013, pursuant to
Rule 77 §§ 2 and 3 of the Rules of Court.
André Wampach
Deputy Registrar
Isabelle Berro-Lefèvre
President