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Blogger tried for Internet users’ comments HFHR amicus curiae opinion

Another hearing in the case for personal interests infringement brought against A.J. was held before the Circuit Court in Tarnów. The claimant, mayor of the town of Ryglice, asserts that he lost the local elections because of an insulting comment of an anonymous user that had been posted under an article at the respondent’s blog. He makes his claim even though A.J. almost instantly blocked the comment.

The matter has already been decided in separate proceedings. The same comment of an unidentified user had been the cause of action used in an election suit previously brought against the blogger and won by the mayor. At that time the HFHR submitted on behalf of A.J. an application to the European Court of Human Rights, arguing the breach of convention Article 10, i.e. the right to freedom of speech and expression. Now, the Foundation observes the pending trial of the blogger.

HFHR has also filed an amicus curiae brief in the case. The brief says that the excessive liability imposed on ‘Internet intermediaries’ (such as blog administrators) for comments of other users may contravene special principles of the relevant law prescribed by the Electronic Services Act and result in an infringement of the freedom of speech.

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