In which case did the court hold that anyone who likes or shares a defamatory posting can also be held liable for the defamation.
The court case that held that anyone who likes or shares a defamatory posting can also be held liable for the defamation is Mattingly v. Milligan, 2013 WL 136109 (Ky. App. 2013).
The case you are referring to is known as "Delfi AS v. Estonia" decided by the European Court of Human Rights (ECHR) in 2013. In this case, the ECHR held that the online news portal Delfi was liable for defamatory comments made by its users.
Here are the key points and steps in the court's ruling:
1. Background: Delfi AS is an Estonian online news portal that allowed users to comment on articles. The article in question reported on a shipping company's decision to change its route, which led to a heated online discussion.
2. Complaint: The shipping company claimed that some of the comments posted by users were defamatory and damaging to their reputation. They argued that Delfi should be held liable for the defamatory comments.
3. Domestic proceedings: The Estonian courts found Delfi liable for the defamatory comments, stating that the website should have moderated the comments more effectively.
4. ECHR decision: Delfi appealed to the ECHR, arguing that holding them responsible for user-generated content would infringe on their right to freedom of expression.
5. Balancing rights: The ECHR considered the balance between freedom of expression and the right to protect one's reputation. They acknowledged the importance of internet portals in facilitating public discussion but also recognized the potential harm caused by online defamation.
6. Active role and notice-and-takedown system: The court found that Delfi had an active role in encouraging and promoting comments, as well as implementing a notice-and-takedown system. This made Delfi liable for the user-generated defamatory comments.
7. Monitoring obligations: The court stated that Delfi was required to prevent the harm caused by unlawful comments through effective measures, including automated filtering systems and sufficiently moderate comments.
8. Liability of intermediaries: The court also held that intermediaries, such as online news portals, can be held liable for user-generated defamatory content if they fail to fulfill their monitoring obligations and exercise sufficient control over the comments.
Overall, the "Delfi AS v. Estonia" case established the principle that online platforms can be held liable for defamatory user-generated content and that their obligations include implementing effective monitoring and moderation systems to prevent harm.