Fundamental Rights Protection Online: The Future Regulation Of Intermediaries

Matti Mika-Tuomas Ojanen (Editor), Bilyana Petkova (Editor)

Research output: Book/ReportAnthology or special issueScientificpeer-review

Abstract

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.

Expert academics 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.
Original languageEnglish
PublisherEdward Elgar
Number of pages320
ISBN (Print)978 1 78897 667 1
Publication statusPublished - 1 Dec 2020
MoE publication typeC2 Edited book

Publication series

Name
Publisheredward elgar publishing
Volume2020

Bibliographical note

The purpose of the book will be to analyze the European legislative and judicial responses to the evolving role of online platforms (Facebook, Twitter, other social media, blogging platforms, as well as online hosting portals and search engines). While traditionally intermediaries were perceived as merely channeling content, is the increased use of algorithms effectively altering their function now, bringing them closer to actual controllers of content? Soft law measures (Code of Conduct) next to technical fixes (online tools) and stricter regulatory mechanisms akin to notice-and-take-down measures have begun to shape a complex regulatory landscape in which policy-makers, judges and private entities share powers. This collection brings together mostly academics but also a few representatives of civil society and the European institutions to discuss the European perspective, both national and supranational, on the future of speech in a digital age.

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