A Court’s Gotta Do, What a Court’s Gotta Do: An Analysis of the European Court of Human Rights and the Liability of Internet Intermediaries through Systems Theory

Research output: Book/ReportBook

Abstract

This paper explores recent developments in the liability of internet intermediaries for user-generated content at the European Court of Human Rights in the cases Delfi v Estonia (2015) and MTE v Hungary (2016). Regulatory approaches towards the liability of internet intermediaries raise the complex question of the kind of Internet that law should contribute to designing. For example, should law create a more regulated but less free environment? Moreover, should internet intermediaries decide on human rights standards, such as freedom of expression?
Drawing on the systems theory concept of autopoiesis, this paper demonstrates how the answer to these questions might be inherently connected to the performativity of law. In this analysis, particular attention is then paid to the question of anonymity and how it might challenge the role of law in granting remedies.
Original languageEnglish
Place of PublicationItaly
PublisherRobert Schuman Centre for Advanced Studies, Centre for Media Pluralism and Media Freedom (CMPF)
Number of pages21
Publication statusPublished - Mar 2019
MoE publication typeNot Eligible

Publication series

NameEUI Working Paper RSCAS
PublisherEuropean University Institute
No.2019/20
ISSN (Print)1028-3625
NameCentre for Media Pluralism and Media Freedom (CMPF)
PublisherEuropean University Institute
VolumeRSCAS2019/20
ISSN (Electronic)1028-3625

Fields of Science

  • 513 Law
  • Internet
  • Intermediaries
  • liability
  • systems theory
  • freedom of expression

Cite this

Maroni, M. (2019). A Court’s Gotta Do, What a Court’s Gotta Do: An Analysis of the European Court of Human Rights and the Liability of Internet Intermediaries through Systems Theory. (EUI Working Paper RSCAS; No. 2019/20), (Centre for Media Pluralism and Media Freedom (CMPF); Vol. RSCAS2019/20). Italy: Robert Schuman Centre for Advanced Studies, Centre for Media Pluralism and Media Freedom (CMPF).
Maroni, Marta. / A Court’s Gotta Do, What a Court’s Gotta Do : An Analysis of the European Court of Human Rights and the Liability of Internet Intermediaries through Systems Theory. Italy : Robert Schuman Centre for Advanced Studies, Centre for Media Pluralism and Media Freedom (CMPF), 2019. 21 p. (EUI Working Paper RSCAS; 2019/20). (Centre for Media Pluralism and Media Freedom (CMPF)).
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abstract = "This paper explores recent developments in the liability of internet intermediaries for user-generated content at the European Court of Human Rights in the cases Delfi v Estonia (2015) and MTE v Hungary (2016). Regulatory approaches towards the liability of internet intermediaries raise the complex question of the kind of Internet that law should contribute to designing. For example, should law create a more regulated but less free environment? Moreover, should internet intermediaries decide on human rights standards, such as freedom of expression? Drawing on the systems theory concept of autopoiesis, this paper demonstrates how the answer to these questions might be inherently connected to the performativity of law. In this analysis, particular attention is then paid to the question of anonymity and how it might challenge the role of law in granting remedies.",
keywords = "513 Law, Internet, Intermediaries, liability, systems theory, freedom of expression",
author = "Marta Maroni",
year = "2019",
month = "3",
language = "English",
series = "EUI Working Paper RSCAS",
publisher = "Robert Schuman Centre for Advanced Studies, Centre for Media Pluralism and Media Freedom (CMPF)",
number = "2019/20",
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Maroni, M 2019, A Court’s Gotta Do, What a Court’s Gotta Do: An Analysis of the European Court of Human Rights and the Liability of Internet Intermediaries through Systems Theory. EUI Working Paper RSCAS, no. 2019/20, Centre for Media Pluralism and Media Freedom (CMPF), vol. RSCAS2019/20, Robert Schuman Centre for Advanced Studies, Centre for Media Pluralism and Media Freedom (CMPF), Italy.

A Court’s Gotta Do, What a Court’s Gotta Do : An Analysis of the European Court of Human Rights and the Liability of Internet Intermediaries through Systems Theory. / Maroni, Marta.

Italy : Robert Schuman Centre for Advanced Studies, Centre for Media Pluralism and Media Freedom (CMPF), 2019. 21 p. (EUI Working Paper RSCAS; No. 2019/20), (Centre for Media Pluralism and Media Freedom (CMPF); Vol. RSCAS2019/20).

Research output: Book/ReportBook

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AB - This paper explores recent developments in the liability of internet intermediaries for user-generated content at the European Court of Human Rights in the cases Delfi v Estonia (2015) and MTE v Hungary (2016). Regulatory approaches towards the liability of internet intermediaries raise the complex question of the kind of Internet that law should contribute to designing. For example, should law create a more regulated but less free environment? Moreover, should internet intermediaries decide on human rights standards, such as freedom of expression? Drawing on the systems theory concept of autopoiesis, this paper demonstrates how the answer to these questions might be inherently connected to the performativity of law. In this analysis, particular attention is then paid to the question of anonymity and how it might challenge the role of law in granting remedies.

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Maroni M. A Court’s Gotta Do, What a Court’s Gotta Do: An Analysis of the European Court of Human Rights and the Liability of Internet Intermediaries through Systems Theory. Italy: Robert Schuman Centre for Advanced Studies, Centre for Media Pluralism and Media Freedom (CMPF), 2019. 21 p. (EUI Working Paper RSCAS; 2019/20). (Centre for Media Pluralism and Media Freedom (CMPF)).