Dariusz B. v the City of E., IV CSK 665/10

Supreme Court, Civil Chamber (Restricted Access Version Available)
Document type
Court Decision
Providing open access to the Internet does not result in liability for content uploaded by anonymous users. The case was filed by Darius B. who anonymously posted a letter to the President of E. Among the comments to his text was one which included personal details and defaming statements about the plaintiff. The police identified the IP of the computer used for uploading the content. It was sent from an open network provided by the City of E. available to the employees of the city as well as neighboring households. It was not technically possible to identify the individual who posted the comment. The Supreme Court found that no liability for personal rights infringement rests upon the city which provided access to the open network nor was it under an obligation to provide technical tools for identifying individual users of such network.
Topic, claim, or defense
Defamation or Personality Rights
Privacy or Data Protection
Document type
Court Decision
Issuing entity
Highest Domestic/National (including State) Court
Type of service provider
Internet Access Provider (Including Mobile)
OSP obligation considered
Data Retention or Disclosure
Type of law
General effect on immunity
Strengthens Immunity