Freedom of expression is a fundamental human right, governed by numerous international instruments. It implies the right to exchange and receive ideas and information, even those that offend shock or disturb. However, freedom of expression is not absolute, but rather a relative freedom that can be restricted. In assessing a claim of violation of the right to freedom of expression, the European Court of Human Rights evaluates whether the restriction was prescribed by law, pursued a legitimate aim, and whether this restriction was necessary in a democratic society (three-part test). The United States Supreme Court, as well as lower courts, applies the principle of the so-called imminent lawless action, that is, it allows the restriction of freedom of expression when said speech advocates and incites imminent lawless action and is likely that such unlawful behaviour will occur (Brandenburg test). Moreover, the evolution of the Internet and the development of social networks, web portals and blogs has led to immediate opportunity to receive and send information. Due to the instant information availability, verification of the information (fact checking) has become a necessary job for providers of information (the media). The burning problem in the Republic of Croatia is court proceedings against journalists and media for offenses against honour and reputation, as well as large compensations awarded in the name of non-pecuniary damage. Similarly, the Internet media are faced with the incredible speed of dissemination of fake news and hate speech. Against aforementioned, Internet portals and social networks have modified their terms of use to allow users to report inappropriate content, which Internet content providers, upon notification and verification, remove from their platforms (notice and takedown system). Nonetheless, the existing mechanisms used to combat hate speech and other Internet offenses, which are often supported and encouraged by the courts, may violate the legitimate rights of Internet users, so-called „digital rights“. Accordingly, the most important problem from the perspective of freedom of expression in the media on the Internet is the „fine balance“ between the legal restriction of prohibited speech and undemocratic corporate censorship.