Fundamental Rights Protection Online


Fundamental Rights Protection Online

The Future Regulation of Intermediaries

9781788976671 Edward Elgar Publishing
Edited by Bilyana Petkova, Professor of Law, University of Graz, Austria and Tuomas Ojanen, Professor of Law, University of Helsinki, Finland
Publication Date: 2020 ISBN: 978 1 78897 667 1 Extent: 352 pp
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.

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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.
Critical Acclaim
‘Fundamental Rights Protection Online offers profoundly original insights into critical challenges for internet regulation. Petkova, Ojanen and the contributors call for the EU to overhaul the intermediary liability regime and to demand more responsibility from tech companies. Engaging, provocative and timely, this collection will shape critical policy discussions in the years ahead.’
– Marc Rotenberg, Centre for AI and Digital Policy, Michael Dukakis Institute, US

‘This volume presents diverse voices and options for addressing the challenges presented by media and business model convergence.’
– Chris Hoofnagle, University of California, Berkeley, US

‘New technologies of sharing information through online intermediaries can be quite democratizing, as people now have an unprecedented ability to express themselves to a worldwide audience. But there is a dark side to the rise of these technologies: privacy violations, harassment, hate speech, and other insidious dangers have greatly worsened. Fundamental Rights Protection Online is an insightful collection of essays that explores these issues from a European Union fundamental rights perspective. This is an essential volume for understanding how the EU and various member states are addressing intermediaries, free speech, and privacy issues.’
– Daniel J. Solove, George Washington University Law School, US
Contributors: K. Ajji, M. Bassini, C. Bezemek, L. Heasman, A. Kuczerawy, M. MacCarthy, M. Maroni, A. Miglio, T. Ojanen, B. Petkova, O. Pollicino, T. Quintel, S. Stalla-Bourdillon, R. Thorburn, C. Ullrich, T. Wischmeyer

Foreword: The Challenges of Change 1
Acknowledgments 2
IntroductionPreface: Fundamental Rights Protection Online: Curation v. Regulation? Bilyana Petkova and Tuomas Ojanen 5

Part I: Conceptual Issues 21
1. Metaphors and judicial frame: why legal imagination (also) matters in the protection of fundamental rights in the digital age
Oreste Pollicino 21

2. Filter Bubble and Human Rights
Christoph Bezemek 34

Part II: The National Law Approach 43
3. ‘What is illegal offline is also illegal online’ –The German Network Enforcement Act 2017
Thomas Wischmeyer 43

4. Protecting Liberal Democracy from Artificial Information: The French Proposal
Kamel Ajji 67

5. Mambo Italiano: The Perilous Italian way to ISP liability
Marco Bassini 92

6. A Consumer Protection Approach to Platform Content Moderation in the United States
Mark MacCarthy 119

Part III: Toward a European Law Approach? 140
7. The scandal of intermediary: Acknowledging the both/and dispensation for regulating hybrid actors
Sophie Stalla-Bourdillon and Robert Thorburn 140

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 168

9. Self-Regulation of Fundamental Rights? The EU Code of Conduct on Hate Speech, related initiatives and beyond
Teresa Quintel and Carsten Ullrich 182

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 205

Part IV: Toward an International Law Approach? 220
11. The Liability of Internet Intermediaries and the European Court of Human Rights
Marta Maroni 220

12. A Business and Human Rights Perspective for Internet Intermediaries – The Case for Human Rights Due Diligence
Lia Heasman 242


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