holding someone liable for refusing to take down illegal speech hosted by them is not a free speech violation
That's rather a contradiction in terms, isn't it. Refusing to take down illegal speech is not a free speech violation. How can you have both free speech and illegal speech simultaneously?
I think this case sums up one of the most glaring problems with the ECHR which is obvious the moment you read the document they are interpreting. This list of rights is nothing like the American Bill of Rights. The BoR is quite specific, clear and the rights are fairly tightly defined, arguments about the meaning of "well regulated militias" notwithstanding.
The European equivalent (and I say this as a European) is a complete clusterfuck. It lists many rights that directly contradict each other, with no way to prioritise between them. Every "right" has exceptions. It is written so vaguely that anyone could reach any conclusion at all based on it. The fact that nobody knew about this so-called right to be forgotten before it was "found" in the text by a court ruling is indicative of the deep-rooted problems with the document. It's a design-by-committee wishlist written by people with no strong principles.
For instance Article 2 supposedly grants a right to life. It says governments may not engage in "unlawful killing". Except suppressing insurrections by killing the rebels is explicitly allowed. And lawful executions were also totally OK, meaning of course the entire article disappeared into a puff of contradiction as any execution at all could be considered lawful if the government so wished it. Eventually the absurdity of that one became too much even for the ECHR and there was a "protocol" passed (sort of like an amendment) that barred the death penalty. Of course, this article does not stop ECHR members from going to war either.
Article 4 forbids slavery and forced labour. Unless you're a prisoner. Or it's the draft. Or unless it's a part of your "civic duties".
Article 8 gives the famous right to privacy ...
except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others
In other words you get a right to privacy unless someone deems it inconvenient for almost any purpose. This article is such a joke it may as well not exist.
But article 10 is the best. The First Amendment and it's interpretation by the US Supreme Court is quite clear: freedom of speech and freedom of the press are highly protected. Article 10 in the European equivalent says:
Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.
LOL! But it gets worse:
The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.
So freedom of speech can be subject to penalties if they "are necessary in a democratic society" for example "for the protection of morals". Oh yes, exposing state secrets is also included.
What kind of idiots actually write such things? Why say there is a right to freedom of speech and then specifically exempt almost every situation in which someone might actually want to use it?
The ECHR is barely worth the paper it's printed on: a creature of governments that wanted to look good but couldn't find it in themselves to actually trust their own people with basic things, like the ability to say what they think.