Zhade: Ok, so this seems rather misreported in a lot of places. The ruling is actually very specific, and doesn't apply in a lot of the cases suggested in this thread. It's still not a ruling I like, but it isn't the end of the world for all comments everywhere.
It is basically based on these conditions:
1) The site had a system in place for reporting abusive posts
2) The site did not act when actually-abusive posts were reported
3) The site did not allow editing of comments, so the original poster could not remove it themselves if they later realized they'd gone too far
4) The comments were prominently displayed
So in a way, the ruling actually mirrors the US DMCA enforcement and safe harbor provisions a bit - if you don't actually react when it is reported TO you that someone has gone of and posted something seriously abusive, it's on you. It's not on you to FIND it, it's on you to react when someone points it out to you. A site like this forum, with active moderators, should be just fine with no change in practises.
An interesting point to note is also that this ruling is actually in direct opposition to EU law (the ECHR is not an EU institution).
That's how I understood it as well. I don't actually agree that it's in
opposition to EU law. There certainly is an area of conflict, but it seems to follow the purpose of the rules in the E-Commerce Directive, which is to absolve websites from liability provided they respond to potential infringements they were made aware of.