European University Institute Library

Fundamental rights protection online, the future regulation of intermediaries, edited by Bilyana Petkova and Tuomas Ojanen

eng

Includes bibliographical references

index present

non fiction

Fundamental rights protection online

electronic resource

bibliographydictionaries

edited by Bilyana Petkova and Tuomas Ojanen

Elgar law, technology and society seriesElgarOnline eBooks

the future regulation of intermediaries

"Fundamental Rights Protection Online presents an in-depth analysis of national, supranational and international attempts at online speech regulation, illustrating how the law has been unsettled on how to treat intermediaries. In this book, expert contributors explore how problems ranging from disinformation to hate speech to copyright violations are framed and tackled though legislation, codes of conduct and judicial interpretation. The chapters discuss positive law developments in the intersection of intermediary liability and rights, considering both the history and current intellectual debates surrounding European and US legislative initiatives. In addition to examining how the European Union and individual European nations regulate speech online, the book also analyses the e-Commerce Directive, the case law of the European Court of Human Rights and principles established under the United Nations. It concludes that content regulation online is best captured by the notion of 'speech curation', involving both private and public actors. Taking a human rights approach to online speech regulation, this timely book will be critical reading for academics and students of law, particularly those with an interest in internet law, information law and human rights. Its exploration of intermediary liability and fundamental rights will also be beneficial for legal practitioners working in online rights protection"--, Provided by publisher

Contents: Foreword: The challenges of change -- Acknowledgments -- Introduction -- Preface: fundamental rights protection online: curation v. regulation? / Bilyana Petkova and Tuomas Ojanen -- Part I: Conceptual issues -- 1. Metaphors and judicial frame: why legal imagination (also) matters in the protection of fundamental rights in the digital age / Oreste Pollicino -- 2. Filter bubble and human rights / Christoph Bezemek -- Part II: The national law - approach -- 3. 'What is illegal offline is also illegal online' - the German network enforcement act 2017 / Thomas Wischmeyer -- 4. Protecting liberal democracy from artificial information: the French proposal / Kamel Ajji -- 5. Mambo Italiano: the perilous Italian way to ISP liability / Marco Bassini -- 6. A consumer protection approach to platform content moderation in the United States / Mark MacCarthy -- Part III: Toward a European law approach? -- 7. The scandal of intermediary: acknowledging the both/and dispensation for regulating hybrid actors / Sophie Stalla-Bourdillon and Robert Thorburn -- 8. Intermediaries in the case law of the court of justice of the EU: the interplay between liability exemptions and rules on IP protection / Alberto Miglio -- 9. Self-regulation of fundamental rights? The EU code of conduct on hate speech, related initiatives and beyond / Teresa Quintel and Carsten Ullrich -- 10. EU proposal for a directive on copyright in the digital single market: compatibility of draft article 13 with the EU intermediary liability regime / Aleksandra Kuczerawy -- Part IV: Toward an international law approach? -- 11. The liability of internet intermediaries and the European court of human rights / Marta Maroni -- 12. A business and human rights perspective for internet intermediaries - the case for human rights due diligence / Lia Heasman -- Index