Finland slammed by Euro rights court on two counts

(STRASBOURG) - Finland violated the right to respect for private life by failing to balance Internet privacy needs with child protection laws, the European Court of Human Rights said Tuesday.

In a ruling centred on the case of a then 12-year-old boy advertised without his knowledge in March 1999 to potential paedophiles on a dating website, Finnish authorities were penalised for being too slow to update telecommunications laws.

The court said in its judgment that "the posting of the Internet advertisement... had been a criminal act which had resulted in a minor having been a target for paedophiles.

"It recalled that such conduct called for a criminal-law response and that effective deterrence had to be reinforced through adequate investigation and prosecution," it said in a statement.

Deeming "the (Internet) confidentiality requirement" to have been "given precedence over his physical and moral welfare," it ordered that 3,000 euros (3,815 dollars) compensation be paid.

The ad, including a link to the boy's website which carried his picture, said he was looking for an intimate relationship with a boy of his age or older "to show him the way."

The boy's father asked police to identify the person who had posted the ad in order to bring charges. But Finnish legislation at the time did not allow authorities to force the service provider to defy telecommunications confidentiality and furnish the information.

Finland subsequently introduced an Exercise of Freedom of Expression in Mass Media Act, addressing the loophole.

In a separate ruling also concerning Finland, judicial authorities were slammed for finding a 79-year-old woman guilty of defamation for claiming that her three-year-old grandson had been beaten by his father -- leading a doctor to involve social services.

The court said the woman had exercised the right to "suspect in good faith" and "express her (suspicions)... without fear of condemnation," whereas a Finnish appeal court had upheld a 3,300-euro fine from the original verdict.