Home >
Law >
Others >
Fundamental Rights Protection Online: The Future Regulation of Intermediaries

Fundamental Rights Protection Online: The Future Regulation of Intermediaries

Author: Bilyana Petkova; Tuomas Ojanen
Publisher: Edward Elgar Publishing
ISBN: 9781788976671
Published In: December 2020
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: HKD 1,690.00

HKD 1,639.30 Save HKD 50.70 (3%)

Download Order Form

Add to Wishlist
| Add to Compare

Description
Contents

Details

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.

Foreword: The Challenges of Change

Acknowledgments

IntroductionPreface: 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