ECHR on Internet Speech

Europe and the Us take differing positions on the limits of free speech. In short, European law looks less favorably on speech that may injure – even if true or mere opinion. In the US, this type of speech is protected.

With this background, consider a recent decision of the ECHR on a digital platform’s responsibility for hate speech appearing on its website. The decision fits with the more traditional view in Europe that hate speech must be controlled. But will it make the European digital platform network less robust?

Good question. My own view is that it will tend to push web development in Europe in a slightly different direction than what you see in the US.

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