In this paper, the right to freedom of expression is presented in the context of commenting on articles in electronic publications. This paper will examine who is responsible in the current national system, and whom the author believes should be responsible for the content of comments. This topic is popular in the Republic of Croatia because of the new Electronic Media Act that was passed in October 2021, which was frequently discussed in the months before its adoption, mostly because of the possibility of electronic publications being responsible for all content. This paper analyzes the provisions of this law relating to electronic publications, and the issue of civil and criminal liability. Emphasis will be placed on hate speech - a term common in many international conventions and recommendations that have been addressed in the context of the limits of freedom of expression. The focus is on domestic legislation and relevant case law of the European Court of Human Rights. For the purpose of this paper research was conducted on the simplicity of hiding user's identity when writing comments on Croatian news websites which makes prosecution more difficult, and seriousness that electronic publications approach the obligations imposed by law as a condition for exemption from liability for all content, including comments.