Abstract
The article presents a position that an information portal which according to its own regulations is entitled to control and interfere in the contents placed by internet users on discussion forums is an active intermediary and its liability is not subject to limitation provided for in Art. 14 of the Electronic Services Act of 18 July 2002. Such an intermediary is liable under general rules (Art. 24 of the Civil Code) for its own infringement of a personal right consisting in deliberate storing and making publicly available contents which violating somebody’s dignity. The court may apply factual presumption aimed at establishing whether the portal administrator was aware of infringing somebody’s personal rights. The portal may defend itself by proving that it did not violate reputation against the law as the disseminated information was not obviously lawless. Lawlessness of the conduct of the internet user (who placed the given contents on the web) and the administrator making the contents available on the portal are examined separately. The arguments presented in the article refer to the judgment of the Grand Chamber of the European Court of Human Rights issued on 16 June 2015 in the case Delfi AS v. Estonia.