Abstract

The articles discusses the problem of liability of web information portals for offensive and demeaning comments placed on discussion fora by internet users. To resolve this issue it is necessary to analyse the legal grounds for the application of Art. 24 and 448 of the Civil Code, and the provisions of the Electronic Services Act of 18 July 2002 (consolidated text: Journal of Laws of 2017, item 1219 as amended), and in particular its Art. 14.1 regulating the prerequisites for exclusion of administrator’s liability for the content of information stored that comes from its users. Recently, the issue of legal grounds for liability of information portal administrator for debasement arising from web users’ comments was raised in the Supreme Court judgement of 30 September 2016, I CSK 598/15, in which the Supreme Court for the first time state unequivocally that the burden of proof of no illegality of its activity, in this case understood as the lack of knowledge as to illegality of comments, rests on the administrator.