Legal issue: the constitutionality of rules which deprive a citizen of the right to demand in court proceedings the removal of defamatory information from a web site and exclude the liability of the web site administrator (or owner) for its dissemination.
Ratio decidendi: the contested rules contradict the Constitution only inasmuch as they do not obligate the web site owner to remove, upon the citizen’s demand, the defamatory information which was deemed to be false by the decision of a court. The web site owner or persons empowered by him may not be obligated to remove such information so long as their falsity is in dispute, in particular until it is established by court decision. At the same time, other remedies are possible, such as interlocutory injunctions aiming to stop its dissemination until the final court decision is delivered.
