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Company Directors: Duties, Liabilities and Remedies

Edited by: Mark Arnold KC, Simon Mortimore KC
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Intermediary Liability and Freedom of Expression in the EU: From Concepts to Safeguards


ISBN13: 9781780687148
Published: December 2018
Publisher: Intersentia Publishers
Country of Publication: UK
Format: Hardback
Price: £105.00



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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.

Subjects:
IT, Internet and Artificial Intelligence Law
Contents:
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)
Chapter 3. Positive Obligations for Freedom of Expression (Obligation to Protect)
Chapter 4. Criteria for Safeguards for Freedom of Expression Online
Chapter 5. Conclusion
Part III. Evaluation of Existing Notice and Action Mechanisms
Chapter 1. Introduction
Chapter 2. Analysis of Different Response Mechanisms
Chapter 3. Safeguards for Freedom of Expression in Notice and Action
Conclusion and Outlook
Annex: Detailed Country Profiles