ABSTRACT

The overview of Slovenian case law related to social media and similar internet services focused on fundamental rights and instances of judicial dialogue and interaction between Slovenian courts and European supranational courts shows that, in Slovenia, jurisprudence on social media is still somewhat limited, especially at the level of the two highest courts in the country; namely, the Supreme Court and the Constitutional Court. In the absence of legislation specifically dealing with social media and other online communication services, judges follow a case-by-case approach with attention to the context. They engage in judicial dialogue with the ECtHR and the CJEU in cases which require balancing of conflicting fundamental rights and in ones where there is no domestic case law. This confirms the importance of European case law for the development of judicial reasoning in Slovenia when it comes to Internet services.