PIHL v. SWEDEN DECISION 8 33. The Court also notes that, as concerns the alleged possibility of still being able to find the comment via search engines, the applicant is entitled to request that the search engines remove any such traces of the comment (see the Court of Justice of the European Union judgment of 13 May 2014, Google Spain and Google, no. C-131/12, EU:C:2014:317). 34. Turning to the liability of the originator of the comment, the Court observes that the applicant obtained the IP-address of the computer used to submit the comment. However, he has not stated that he took any further measures to try to obtain the identity of the author of the comment. 35. Furthermore, since the applicant’s claim was rejected by the domestic courts, the domestic proceedings had no consequences for the association in the present case. However, the Court has previously found that liability for third-party comments may have negative consequences on the comment-related environment of an internet portal and thus a chilling effect on freedom of expression via internet. This effect could be particularly detrimental for a non-commercial website (see Magyar Tartalomszolgáltatók Egyesülete and Index.hu Zrt, cited above, § 86). 36. Lastly the Court notes that the applicant’s case was considered on its merits by two judicial instances at the domestic level before the Supreme Court refused leave to appeal. Moreover, the Chancellor of Justice examined that applicant’s complaint under Article 8 of the Convention, referring to the Court’s case-law and the need to balance the interests under Article 8 and Article 10 before finding that the case did not disclose a violation of the applicant’s rights under Article 8. The Court further observes that the scope of responsibility of those running blogs is regulated by domestic law and that, had the comment been of a different and more severe nature, the association could have been found responsible for not removing it sooner (see paragraphs 18-20 above). 37. In view of the above, and especially the fact that the comment, although offensive, did not amount to hate speech or incitement to violence and was posted on a small blog run by a non-profit association which took it down the day after the applicant’s request and nine days after it had been posted, the Court finds that the domestic courts acted within their margin of appreciation and struck a fair balance between the applicant’s rights under Article 8 and the association’s opposing right to freedom of expression under Article 10. 38. It follows that the application is manifestly ill-founded and must be rejected in accordance with Article 35 §§ 3 (a) and 4 of the Convention.

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