Home > 2.9 Electoral offences and sanctions > Report on freedom of expression, prohibition of hate speech and promotion of pluralism in the context of electoral campaigns
 
 
 
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Paragraph 67
 

The “duties and responsibilities” of internet news portals regarding third-party content differ from those of traditional publishers, and the Court distinguish them from social media platforms or discussions where third-party-comments can be disseminated. The Court has endorsed notice-and-take-down systems as viable, if accompanied by effective procedures allowing for rapid response, but in cases of hate speech or direct threats, states may “impose liability on Internet news portals if they failed to take measures to remove clearly unlawful comments without delay, even without notice”. Liability may also extend to users, such as a political candidate fined for not deleting hateful third-party comments from his Facebook wall, where courts took into account his status and public profile; such measures were “neither arbitrary nor manifestly unreasonable”. Conversely, effective moderation can preclude liability.