ECtHR rules that prohibiting linking to defamatory content might be freedom of expression violation: what implications (if any) for copyright?
Kat li ck nking Can linking to protected content be considered an infringement of IP rights, at certain conditions? As far as copyright is concerned, this is a question that - further to the decisions of the Court of Justice of the European (CJEU) in cases like Svensson [Katposts here ] and GS Media [Katposts here ] - has a response in the affirmative in the EU. But is it possible that envisaging liability for acts of linking might be a violation of the link provider's own human rights, notably freedom of expression under Article 10 of the European Convention of Human Rights (ECHR)? This is the issue that the European Court of Human Rights (ECtHR) had to consider in Magyar Jeti Zrt v Hungary . Today, this court answered the question in the affirmative, at least in relation to linking to defamatory content. Let's see how the ECtHR reasoned, before turning to the potential implications for IP and, in particular, copyright. Background The applicant company, which operates ...