Here is a rundown:
- It concerns Delfi, a big board which received 10,000 new posts per day. 20 abuse posts were posted to a thread but were not noticed by staff. The type of posts are similar to what every forum encounters now and then. (flaming, hate speech, insult) Delfi immediately removed abusive posts after these were reported.
- The posts were visible on the site for 6 weeks and therefore the website is responsible for the damage to reputation.
- The site owner argued that free speech applies, but the EU court ruled that this is not the case for hate speech, flaming, insult and similar abuse.
- EU court specifically mentions that the website should have implemented a more effective system than the post report system, so that abusive posts are discovered and deleted quickly.
- Delfi has to pay for damages.
This court ruling applies to the whole of the EU.
I think that this ruling has to be seen in the light that large sites like Facebook, wikipedia, etc have crowd moderation, filters, mechanisms and other proactive moderation tools in place. Most forum software and CMS commenting systems still have moderation tools that use the same basics as a decade ago.
How do you think XenForo can adapt to this change in law?