Internet intermediaries play a unique role in linking authors of content and audiences. They may either protect or jeopardize end user rights to free expression, given their role in capturing, storing, searching, sharing, transferring and processing large amount of information, data and user-generated content. This research aims to identify principles for good practices and processes that are consistent with international standards for free expression that Internet intermediaries may follow in order to protect the human rights of end users online.
In step with its rapid progress to the centre of modern social, political, and economic life, the internet has proven a convenient vehicle for the commission of unprecedented levels of copyright infringement. Given the virtually insurmountable obstacles to successful pursuit of actual perpetrators, it has become common for intermediaries –providers of internet-related infrastructure and services – to face liability as accessories. Despite advances in policy at the European level, the law in this area remains far from consistently applicable. This is the first book to locate and clarify the substantive rules of European intermediary accessory liability in copyright and to formulate harmonised European norms to govern this complicated topic. With a detailed comparative analysis of relevant regimes in three major Member State jurisdictions – England, France, and Germany – the author elucidates the relationship between these rules and the demands of EU law on fundamental rights and the principles of European tort law. She clearly presents the interrelations between such areas as the following: - accessory liability in tort; - joint tortfeasance; - European fault-based liability: fault, causation, defences; - negligence; - negligence balancing: rights-based or utility-based?; - Germany’s “disturbance liability” (Störerhaftung); - fair balance in human rights; - end-users’ fundamental rights; - The European Commission’s 2015 Communication on a Digital Single Market Strategy for Europe; - The E-Commerce Directive and other relevant provisions; - Safe harbours: mere conduit, caching, hosting; - Intermediary actions: monitoring, filtering, blocking, removal of infringing content; and - application of remedies: damages and injunctions. The strong points of each national system are highlighted, as are the commonalities between them, and the author uses these to build a proposed harmonised European framework for intermediary liability for copyright infringement. She concludes with suggestions for the future possible integration of the proposed framework into EU law. The issue of the liability of internet intermediaries for third party copyright infringement has entered into the political agenda across the globe, giving rise to one of the most complex, contentious, and fascinating debates in modern copyright law. This book offers an opportunity for a re-conceptualisation and rationalisation of the applicable law, in a way which additionally better accounts for the cross-border nature of the internet. It will be of inestimable value to many interested parties – lawyers, internet intermediaries, NGOs, policymakers, universities, libraries, researchers, lobbyists – in matters regarding the information society.
This publication offers a groundbreaking look at recent evolutions in media freedom, independence, pluralism and journalist safety. These areas are explored in depth in each region and with respect to gender and global media. The overarching trend observed throughout the study is one of disruption brought on by technology and to a lesser extent the global economic crisis, with mixed results for freedom of expression and media development. World Trends in Freedom of Expression and Media Development is a key resource for governments, the media, academia, the private sector and civil society, and is an essential read for anyone interested in the contemporary media environment.
To better understand the heterogeneity of the international online intermediary liability regime, The Oxford Handbook of Intermediary Liability Online is designed to provide a comprehensive, authoritative and 'state-of-the-art' discussion of by highlighting emerging trends. This book discusses fundamental legal issues in intermediary liability online, while also describing advancement in intermediary liability theory and identifying recent policy trends. Sections I and II provide a taxonomy of internet platforms, a general discussion of possible basis for liability and remedies, while putting into context intermediary liability regulation with fundamental rights and the ethical implications of the intermediaries' role. Section III presents a jurisdictional overview discussing intermediary liability safe harbour arrangements and highlighting issues with systemic fragmentation and miscellaneous inconsistent approaches. Mapping online intermediary liability worldwide entails the review of a wide-ranging topic, stretching into many different areas of law and domain-specific solutions. Section IV provides an overview of intermediate liability for copyright, trademark, and privacy infringement, together with Internet platforms' obligations and liabilities for defamation, hate and dangerous speech. Section V reviews intermediary liability enforcement strategies by focusing on emerging trends, including proactive monitoring obligations across the entire spectrum of intermediary liability subject matters, blocking orders against innocent third parties, and the emergence of administrative enforcement of intermediary liability online. In addition, Section VI discusses an additional core emerging trend in intermediary liability enforcement: voluntary measures and private ordering. Finally, international private law issues are addressed in Section VII with special emphasis on the international struggle over Internet jurisdiction and extra-territorial enforcement of intermediaries' obligations.
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.
We proudly present the proceedings of 2nd International Conference on Law, Economic and Governance 2021 (ICOLEG 2021). It focuses on how the wave of digitalization influences the ethics and law, especially in Law and Democracy, Law and Indigenous People, Law in Contemporary Issues, Law and Economics, Digital Economics, Good Governance etc. As we know, the world today is changing and the world we are facing now is the one where everything is connected. The contemporary social issues based on complex problems, complex interest, beyond borders and powers. More than 125 manuscripts from various countries were presented at this conference with around 66 of them selected to be published in proceedings. We hope by this conference, discussions on how research on Law, Economic and Government is possible in a disruptive era will give a perspective for the social and humanities studies development.
Every year, there are advances in the way that we deal with information as individuals, governments, and organizations. We live and work predominantly online resulting in an enormous amount of digital data. The way that information is used is constantly changing with individuals, governments, and corporations all involved in collecting, storing, using, disclosing, and transferring information online. The growth in artificial intelligence and its effects on data will impact all individuals. It is imperative that a greater understanding of these new advances is gained, in particular, the legal implications they have for society. Legal Regulations, Implications, and Issues Surrounding Digital Data is an essential research publication that assists readers in understanding the current technology they are using, how digital data is being used by governments and organizations, and the current legal issues surrounding these areas that set out challenges in everyday life. Highlighting topics such as data protection, cybercrime, and privacy, this book is ideal for lawyers, academicians, IT specialists, policymakers, cybersecurity professionals, law professionals, researchers, academicians, and students.
