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Digital Media Governance and Supranational Courts

Selected Issues and Insights from the European Judiciary

9781802202991 Edward Elgar Publishing
Edited by Evangelia Psychogiopoulou, Senior Research Fellow, Hellenic Foundation for European and Foreign Policy (ELIAMEP), Greece and Susana de la Sierra, Associate Professor of Administrative Law, University of Castilla-La Mancha (UCLM), Spain
Publication Date: September 2022 ISBN: 978 1 80220 299 1 Extent: c 232 pp
This timely book untangles the digital media jurisprudence of supranational courts in Europe with a focus on the CJEU and the ECtHR. It argues that in the face of regulatory tension and uncertainty, courts can have a strong bearing on the applicable rules and standards of digital media.

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Critical Acclaim
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Contents
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This timely book untangles the digital media jurisprudence of supranational courts in Europe with a focus on the CJEU and the ECtHR. It argues that in the face of regulatory tension and uncertainty, courts can have a strong bearing on the applicable rules and standards of digital media.

Chapters written by expert contributors explore the interpretative steps taken by the CJEU and the ECtHR to solve arising legal issues, shedding light on their interpretation and refinement of the applied rules. The book provides fresh insights into the effects of European adjudication on the content and scope of the rules enforced and examines the ways in which the two European courts address the specificities of digitalization and digital media in their rulings. It also addresses the process of defining the constitutional boundaries of digital media and the exercise of rights and freedoms therein, focusing on digital media and the distinct challenges posed by digitalization and digital communication.

Digital Media Governance and Supranational Courts will be a key resource for academics and scholars of European and Constitutional law, fundamental rights and digital transformation, as well as for students seeking a better understanding of the contribution of the CJEU and the ECtHR to digital media governance.
Critical Acclaim
‘Courts are often forgotten in existing debates on digital media, regulation and governance. However, courts are playing an increasingly important role in this discussion. With this book, Evangelia Psychogiopoulou and Susana de la Sierra address this gap in the legal literature and bring together a number of leading scholars to discuss digital media in the jurisprudence of supranational courts in Europe. This is an essential book for practicing lawyers, judges, regulators, and legal scholars interested in digital media. A must-read!’
– Sofia Ranchordas, University of Groningen, The Netherlands and LUISS Guido Carli, Italy

‘This book is a fresh, insightful contribution to the literature on digital media law. In the context of increasing regulations aimed at addressing the challenges of digitalization, the legal framework has evolved rapidly, becoming highly complex and expansive. The authors advocate that courts play a vital role in interpreting, applying, and even defining the application of rules and standards in digital media disputes. The paramount value of the jurisprudence of supranational courts in Europe to mold digital media law has not been acknowledged sufficiently to date. This book, under a masterly editorial duo, sheds light on this fundamental angle of digital media governance. It is an essential and inspiring read.’
– Teresa Rodríguez de las Heras Ballell, Universidad Carlos III de Madrid, Spain

‘From taxation and intellectual property to privacy and data protection and from cyber-violence to freedom of expression and information, this book shows in a granular manner the ways in which the two European Courts, Luxembourg and Strasbourg, strive to fine-tune the operation of digital media. It is a remarkable contribution to the “dialogue des juges” literature, to the interaction between legislature and the judiciary and to the quest of new principles for navigating our digital environment. Highly informative, instructive and enjoyable.’
– Vassilis Hatzopoulos, Panteion University, Greece
Contributors
Contributors include: Begoña Pérez Bernabeu, Kristina Cendic, Federica Casarosa, Gloria Gonzalez Fuster, Valentina Golunova, Gergely Gosztonyi, Iva Nenadic, Evangelia Psychogiopoulou, Clara Rauchegger, Domenico Rosani, Susana de la Sierra, Sofia Verza, Dirk Voorhoof
Contents
Contents:

1 European Supranational Courts and Judicial
Decision-Making in the Era of Digitalisation 1
Evangelia Psychogiopoulou and Susana de la Sierra
2 European Courts as Digital Media Regulators 17
Susana de la Sierra
3 Taxation of Digital Business and Social Media:
Contribution of the Court of Justice to the Compatibility
with EU Fundamental Freedoms 36
Begoña Pérez Bernabeu
4 In Tech we Trust? Fixing the Evolutionary Interpretation
by the Court of Justice of the Prohibition of General
Monitoring in the Era of Automated Content Moderation 53
Valentina Golunova
5 Judicial Interactions with the Court of Justice and the
Application of the Right to be Forgotten by National Courts 72
Federica Casarosa
6 Copyright and Freedom of Expression in the Digital Age:
Unravelling the Complexities of Fundamental Rights
Analysis by the Court of Justice 91
Evangelia Psychogiopoulou
7 Freedom of Expression in the Digital Environment: How
the European Court of Human Rights has Contributed to
the Protection of the Right to Freedom of Expression and
Information on the Internet 112
Dirk Voorhoof
8 New Technologies and Public Watchdogs Before the
European Court of Human Rights: Reflections on
European Supranational Litigation 137
Kristina Cendic and Gergely Gosztonyi
9 State Obligations Regarding Online Gender-Based
Violence: A Moving Puzzle 155
Gloria González Fuster
10 European Policymaking on Disinformation and the
Standards of the European Court of Human Rights 174
Iva Nenadić and Sofia Verza
11 Fundamental Rights Adjudication by European
Supranational Courts in Digital Media Cases 197
Domenico Rosani and Clara Rauchegger

Index
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