Re: [Euro-board] [IRPCoalition] Delfi v Estonia in European Court of Human Rights

Jan. 9, 2014

      Dear all,

I am sorry to be late with my Season greetings and best wishes to all of
you,

and with reaction to Wolf proposition (we had to spend our holidays without
Internet).

European Media Platform supported Article 19 initiative last autumn, but it
would be great to repeat it once again with EURALO. Please accept our
support for this letter.

Best regards,
Oksana

On Thu, Jan 9, 2014 at 7:27 PM, Wolf Ludwig <wolf.ludwig@comunica-ch.net>wrote:
...
And here below you can find the listing of co-signatories to the letter,
Karmen kindly provided me before.
Thanks for your support and regards,
Wolf
Karmen Turk wrote Thu, 9 Jan 2014 08:53:
...
Hi Wolf,
Thank you again for your support again. I paste here FYI the list of
supporters as it stands today. Any time EURALO decides to support, we would
apprecate that as well :)
Regards,
Karmen
Algemene Vereniging van Beroepsjournalisten in België
American Society of News Editors
ARTICLE 19
Association of American Publishers, Inc
Association of European Journalists
Bloomberg
bvba Les Journaux Francophones Belges
Chaos Computer Club
Conde Nast International Ltd.
Daily Beast Company
Digital First Media, LLC
Digital Media Law Project, Harvard University
Digital Rights Ireland
Dow Jones
EDRI
Electronic Frontier Finland
Estonian Newspapers Assotation (Eesti Ajalehtede Liit)
European Information Society Institute (EISi) (via Karmen)
Federatie van periodieke pers, the Ppress
Forbes
Human Rights Center, Ghent University
Hungarian Civil Liberties Union
I'Minds ICRI Leuven
Index on Censorship (Kirsty Hughes - via Peter)
International Press Institute
Internet Democracy Project (Anja Kovacs - via Karmen)
La Quadrature du Net
Lithuanian Online Media Association
Mass Media Defence Center
Media Foundation (Leipzig) (via Dirk)
Media Law Resource Center
MLDI
National Press Photographers Association
National Public Radio
Nederlandse Vereniging van Journalistiek
Net Users' Rights Protection Association
New York Times
News Corps
Newspaper Association of America
North Jersey Media Group, Inc
NUV (Nederlands Uitgeversverbond)
Online News Association
Open Media Coalition - Italy
Open Rights Group
Panoptykon
PEN International
PEN-Vlaanderen (via Dirk)
Persvrijheidsfonds
Radio Television Digital News Association
Raycom Media
Reporters Committee for Freedom of the Press
Telegraaf Media Groep
Guardian News & Media Limited
Thomson Reuters
Vereniging voor Media- en Communicatierecht
Vlaamse Nieuwsmedia (via Dirk)
Vlaamse Vereniging van Journalisten
Vrijschrift
World Association of Newspapers and News Publishers
European Publishers Council
Global Voices Advocacy
Some additional natural persons:
Wolf Ludwig (Founding and board member of EURALO - ICANN's European
At-Large organisation; founding member and co-organiser of the European
Dialogue on Internet Governance (EuroDIG))
Dr. Ben Wagner, Post-Doctoral Research Fellow, Annenberg School for
Communication, University of Pennsylvania
Angela Daly (Postdoc researcher at the European University Institute
(Italy) and Swinburne Institute for Social Research (Australia))
Douwe Korff - London Met Professor
Nicolo Zingales (Assistant Professor of Law, Tilburg University)
Giancarlo F Frosio, SJD (Intermediary Liability Fellow, Center for
Internet and Society, Stanford Law School)
-----Original Message-----
From: Wolf Ludwig [mailto:wolf.ludwig@comunica-ch.net]
Sent: Tuesday, January 07, 2014 7:11 PM
To: Karmen Turk
Subject: Re: [IRPCoalition] Delfi v Estonia in European Court of Human
Rights
Hi Karmen,
thanks for this troubling info. Until Wednesday I won't have sufficient
time to consult with my colleagues or Board members from EURALO (ICANN's
European At-Large organization). But if you wish, you can add my name in my
personal capacity.
Thanks and regards,
Wolf Ludwig
Karmen Turk wrote Tue, 7 Jan 2014 10:43:
...
Hi all,
Happy New Year and welcome to new Co-Chair and Steering Committee
members!
As many of you know, a chamber of the European Court of Human Rights
recently held, in Delfi v. Estonia, that a website is strictly liable for
defamatory content in any user-generated content posted by a third party.
 This position will be familiar to you, because it is essentially the rule
we endured in the United States prior to the passage of Section 230 of the
Communications Decency Act.  In the EU, the E-Commerce Directive moderates
that result somewhat, permitting a site to avoid liability if it deletes
potentially defamatory content upon notice.  But remarkably, the ECHR
affirmed the views of the Estonian national courts that this rule applied
to ISPs and not to websites who have solicited comments from readers -- in
the Delfi case, the publication had actually taken the comment down on
request, but was still found liable.  Needless to say, this is a decision
that could inhibit free expression online, and will likely lead to media
avoiding online comments in many cou!
ntries.  (A detailed assessment of it can be found here<
http://www.article19.org/resources.php/resource/37287/en/european-court-stri...
)
Peter Noorlander, (the chief executive of the Media Legal Defence
Initiative in London), Gabrielle Guillemin (from Article 19), Dirk Voorhoof
(recognized human rights scientist), are heading up an effort to encourage
the Grand Chamber of the ECHR to review and reverse the Delfi decision.
 They have drafted the attached letter for that purpose, and are
encouraging media companies and associations to lend their support and name
to the effort.  This is especially important since there were no judges
dissenting from the judgment.
There is no cost associated with this request.  If you would like to be
included, there is two possibilities:
-          Just let me know by Wednesday evening and I shall add you (or
your organization) to the list of supporters;
-          Or you can send the letter yourself to ECHR. The letter is
available under Creative Commons license CC CA :)
PS: I do apologize for quite a short deadline :)
Kind Regards,
Karmen
Kind regards,
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Karmen Turk
Advocate
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+372 513 3181
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+372 685 0950
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+372 685 0951
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TRINITI TALLINN
Tartu mnt 2, 10145 Tallinn, Estonia
karmen.turk@triniti.ee<mailto:karmen.turk@triniti.ee>
www.triniti.ee<http://www.triniti.ee/>
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-----Original Message-----
From: irp-bounces@lists.internetrightsandprinciples.org
[mailto:irp-bounces@lists.internetrightsandprinciples.org] On Behalf Of
Shawna Finnegan
Sent: Tuesday, January 07, 2014 12:17 AM
To: IRP@lists.internetrightsandprinciples.org
Subject: Re: [IRPCoalition] IRP in 2014
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Hi all,
Happy new year, and welcome to the new co-Chair and Steering committee
members!
Marianne, thanks for this email. Wolfgang's post is a fantastic
orientation for the upcoming year.
I completely agree that there is no need to reinvent the wheel. The fact
that 80% of principles in recent declarations on IG are the same, according
to Wolfgang, suggests that we are very much on the right track. Continuing
down that track, I think prioritizing one charter or declaration over
others in developing a global set of principles might undermine the
collaborative process.
While the IRP Charter is a robust starting point for a global
multi-stakeholder principles on IG, it would be great to map the 80%
overlap in recent principles (if Wolfgang has not already done so), and
work with our networks and communities to articulate shared language based
on that framework.
Looking forward to others' thoughts,
Shawna
On 14-01-02 05:25 AM, Marianne Franklin wrote:
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Apologies for a double-mailing but should have sent the message below
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under a new message heading. On 02/01/2014 12:21, Marianne Franklin
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wrote:
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Dear all
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Happy 2014. Thank you Olivier for the positive vibes this early in
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the year too.
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As preparations for the Brazil Meeting in April gather steam, a main
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agenda item and output is now clear; to produce a "global"
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set of Internet Governance principles.
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Wolfgang Kleinwaechter, who has been undertaking a survey of all
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existing statements around IG Principles including those that
include
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human rights and principles, has provided one comprehensive review
of
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the year past and the year ahead in this respect (
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http://www.circleid.com/posts/20131231_internet_governance_outlook_2
0
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14_good_news_bad_news_no_news/
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At the end of this analysis, Wolfgang makes the following comment
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about the leading role the UDHR played historically in setting the
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frame for subsequent international human rights law: that it "would
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be good to have a similar document for the Internet, supported not
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only by the governments of the 193 UN member states but also by all
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the non-governmental stakeholders from the private sector as Google
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and Facebook, the technical community as ICANN and the IETF and
civil
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society as APC and Human Rights Watch."
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Point taken but for the fact that the IRP Charter already exists in
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this capacity. Its 21 clauses are explicitly - and elegantly
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- embedded in the UDHR and these subsequent treaties. It was the
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product of collaborative work, within the IGF setting to be sure, of
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individuals and organizations all mentioned in this comment.
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Government reps and IGO reps have been active as well in the Charter
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work. Endorsements by a range of actors are currently being gathered
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as the 2nd Edition of the Charter Booklet is ready to go public. We
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also have several translations in process so here there is a
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grassroots support level for the work.
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But, Brazil is a so-called high level meeting and its outcomes will
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be symbolic and perhaps groundbreaking from an inter-governmental
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point of view (perhaps not but that remains to be seen). With more
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and more support for a human-rights based approach to IG in the wake
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of the Snowden revelations, it appears that we could be facing the
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embedding of a disconnect between this shift in mood, one that
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underscores the IRP Charter project after-the-fact, and the fact
that
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these calls since Snowden are already encapsulated by the IRP
Charter
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in its entirety.
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Given this recognition that human rights online do matter
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(underscored too by initiatives such as the 13 Principles by PI,
EFF,
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Access et al) do need protecting, what remains to be seen is whether
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all those concerned with making Brazil a success and based on the
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good parts of the IGF working model, the IRP Charter can be taken on
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board in a more explicit capacity. By this I mean that it is the
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document that is adopted and recognized in the fullest sense of the
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term ("legally non-binding high level principles"). This is because
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the IRP Charter remains the one document that already complies with
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these calls; from within the IGF community and further abroad in the
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UN, and technical community where high profile figures such as Tim
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Berners-Lee are calling for a global Bill of Digital Rights.
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It would be a shame, and a mistake to my mind, for us to not to make
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use of the same sort of collaborative and creative energy within
this
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list alone, and links to wider networks to promote the Charter for
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this role whilst supporting the Brazil Meeting aim to generate a
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broad sort of global consensus. We do not need to re-reinvent the
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wheel here.
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What do people think? best MF
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On 01/01/2014 18:39, Olivier MJ Crepin-Leblond wrote:
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Thanks for these excellent news!
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I am thrilled to see such talent leading the IRP. May it go from
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strength to strength! Best wishes to you all for 2014.
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Olivier
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On 24/12/2013 17:54, IRPCoalition wrote:
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> Dear all
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>
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> The election/endorsement process for the IRP Coalition's Steering
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> Committee is over (37 people took part with 86.5% support, 5.4%
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> against, and 8.1% abstaining). Thank you for the positive comments
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> about all we have achieved this year and also for the constructive
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> suggestions for the year to come. The new SC met last week so this
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> email is to formally re-introduce everyone to you all.
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>
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> First up, our incoming co-Chair who will be serving with Marianne
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> this year. Robert has worked with the IRP since 2008, seeing the
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> first charter through, setting up and then assisting with the
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> website and social media efforts, and also supporting IRP events
> at
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> the IGF meetings. After being on the steering committee for the
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> last few years, championing the IRP in all capacities, he is happy
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> to provide continuity and support as co-chair of the IRP. Robert
> is
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> excited about growing participation in the coalition, ramping up
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> dissemination of the Charter in different engaging formats
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> (socio-technical, educational), and exploring new ways of
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> integrating Human Rights in Internet Governance at all levels.
> This
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> work complements his teaching and research as an engaged academic.
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>
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> Next here are the SC members for 2014 (bio notes will be up on the
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> website shortly):
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>
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> Co-Chairs Marianne Franklin (New Zealand/UK) Robert Bodle
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> (USA)
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>
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> Steering Committee Rafik Dammak (Tunisia/Japan) Catherine Easton
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> (UK) Dixie Hawtin (UK) Matthias Kettemann (Austria) Parminder Jeet
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> Singh (India) Carlos Affonso Pereira de Souza
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> (Brazil) Vik Szabados (Hungary) Tapani Tarvainen (Finland)
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>
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> We are all looking forward to a productive year for the protection
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> and enjoyment of human rights online - for everyone, everywhere.
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>
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> Warm regards MF/RB and the whole SC
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>
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> www.internetrightsandprinciples.org<http://www.internetrightsandpr
> inciples.org>
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> http://www.intgovforum.org/cms/dynamiccoalitions/72-ibr
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> @netrights
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>
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>
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>
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> _______________________________________________ IRP mailing list
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> IRP@lists.internetrightsandprinciples.org<mailto:IRP@lists.interne
> trightsandprinciples.org>
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> http://lists.internetrightsandprinciples.org/cgi-bin/mailman/listi
> n
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> fo/irp
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>
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>
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IRP mailing list
IRP@lists.internetrightsandprinciples.org<mailto:IRP@lists.internet
rightsandprinciples.org>
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o/irp
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Re: [Euro-board] [IRPCoalition] Delfi v Estonia in European Court of Human Rights

Oksana Prykhodko