None
EN
Italy: Court of Cassation fails to protect free expression by confirming liability for third party social media comments
[]
ARTICLE 19
By endorsing the lower court’s reasoning, the Court confirmed a legal approach that effectively requires journalists and ordinary social media users to monitor and remove third-party comments to avoid liability.
Chantal Joris, interim Head of Law and Policy at ARTICLE 19, said:“This judgment sets a dangerous precedent for free expression online.
By exposing users to liability for third-party comments, the Court creates powerful incentives for private individuals to restrict speech and limit opportunities for public discussion.
This overlooks the broader principle that imposing liability for third-party comments requires careful scrutiny under Article 10 of the ECHR irrespective of the nature of those third-party comments.
The judgment underscores the need for courts to more carefully assess the impact of liability for third-party comments on freedom of expression.