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European Court of Human Rights : Standard Verlagsgesellschaft mbH v. Austria (no. 3),

Dirk Voorhoof (UGent)
Author
Organization
Abstract
While the European Court of Human Rights (ECtHR) over the past years has dealt with many aspects of the right to freedom of expression in the digital environment, it only recently delivered a judgment specifically focussing on the right of anonymity for user generated content on news portals. In Standard Verlagsgesellschaft mbH v. Austria (no. 3) the applicant media company complained that court orders imposing an obligation to disclose data revealing the identity of users who had posted comments on its Internet news portal had infringed its freedom of expression as guaranteed by Article 10 of the European Convention on Human Rights (ECHR). The ECtHR found a breach of Article 10 ECHR because the Austrian courts had not sufficiently considered the users’ right of anonymity and the interest of the media company to protect the users as the authors of the comments, while the comments on the Internet news platform were part of a political debate, without being hate speech or otherwise clearly unlawful.
Keywords
Freedom of expression, internet news platform, right of anonymity, user's comments and identity, chilling effect, defamatory or offending comments, political debate

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Citation

Please use this url to cite or link to this publication:

MLA
Voorhoof, Dirk. “European Court of Human Rights : Standard Verlagsgesellschaft MbH v. Austria (No. 3),.” IRIS (ENGLISH ED. ONLINE), no. 2022–2, 2022.
APA
Voorhoof, D. (2022). European Court of Human Rights : Standard Verlagsgesellschaft mbH v. Austria (no. 3),.
Chicago author-date
Voorhoof, Dirk. 2022. “European Court of Human Rights : Standard Verlagsgesellschaft MbH v. Austria (No. 3),.” IRIS (ENGLISH ED. ONLINE).
Chicago author-date (all authors)
Voorhoof, Dirk. 2022. “European Court of Human Rights : Standard Verlagsgesellschaft MbH v. Austria (No. 3),.” IRIS (ENGLISH ED. ONLINE).
Vancouver
1.
Voorhoof D. European Court of Human Rights : Standard Verlagsgesellschaft mbH v. Austria (no. 3),. IRIS (ENGLISH ED. ONLINE). 2022.
IEEE
[1]
D. Voorhoof, “European Court of Human Rights : Standard Verlagsgesellschaft mbH v. Austria (no. 3),” IRIS (ENGLISH ED. ONLINE), no. 2022–2. 2022.
@misc{8748505,
  abstract     = {{While the European Court of Human Rights (ECtHR) over the past years has dealt with many aspects of the right to freedom of expression in the digital environment, it only recently delivered a judgment specifically focussing on the right of anonymity for user generated content on news portals. In Standard Verlagsgesellschaft mbH v. Austria (no. 3) the applicant media company complained that court orders imposing an obligation to disclose data revealing the identity of users who had posted comments on its Internet news portal had infringed its freedom of expression as guaranteed by Article 10 of the European Convention on Human Rights (ECHR). The ECtHR found a breach of Article 10 ECHR because the Austrian courts had not sufficiently considered the users’ right of anonymity and the interest of the media company to protect the users as the authors of the comments, while the comments on the Internet news platform were part of a political debate, without being hate speech or otherwise clearly unlawful.}},
  articleno    = {{2022-2:1/22}},
  author       = {{Voorhoof, Dirk}},
  issn         = {{2078-6158}},
  keywords     = {{Freedom of expression,internet news platform,right of anonymity,user's comments and identity,chilling effect,defamatory or offending comments,political debate}},
  language     = {{eng}},
  number       = {{2022-2}},
  pages        = {{2}},
  series       = {{IRIS (ENGLISH ED. ONLINE)}},
  title        = {{European Court of Human Rights : Standard Verlagsgesellschaft mbH v. Austria (no. 3),}},
  url          = {{http://merlin.obs.coe.int/article/9368}},
  year         = {{2022}},
}