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Intermediary Liability and Freedom of Expression in the EU: From Concepts to Safeguards

Intermediary Liability and Freedom of Expression in the EU: From Concepts to Safeguards

Author: Aleksandra Kuczerawy
Publisher: Intersentia Publishers
ISBN: 9781780687148
Published In: December 2018
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

HKD 1,396.50

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Description
Contents

Details

States increasingly delegate regulatory and police functions to Internet intermediaries. The delegation is achieved by providing an incentive in the form of conditional liability exemptions. In the EU, the exemptions enshrined in the E-Commerce Directive effectively require intermediaries to police online content if they wish to maintain immunity regarding third party content. Such an approach results in delegated private enforcement that may lead to interference with the right to freedom of expression. Involving intermediaries in content regulation may be inevitable. The legal framework, on which it is based, however, should come equipped with safeguards that ensure effective protection of the right to freedom of expression.

This book analyses the positive obligation of the European Union to introduce safeguards for freedom of expression when delegating the realisation of public policy objectives to Internet intermediaries. It also identifies and describes the safeguards that should be implemented in order to better protect freedom of expression.

In a time when these issues are of particular relevance, Intermediary liability and freedom of expression in the EU provides the reader with a broader perspective on the problem of delegated regulation of expression on the Internet. It also provides the reader with an up to date information on the discussions in the EU.

Introduction

Part I. State of the Art

Chapter 1. The Concept of 'Gatekeeping'

Chapter 2. Gatekeeping in Online Media

Chapter 3. Freedom of Expression in the EU and the US

Chapter 4. Internet Intermediary Liability in the EU and the US

Chapter 5. Towards Platform Responsibility

Chapter 6. Main Criticisms

Chapter 7. Conclusion

Part II. Normative Framework

Chapter 1. Introduction

Chapter 2. Interference with Freedom of Expression (Obligation to Respect)