The principles of freedom of expression have been developed over centuries. How are they reserved and passed on? How can large internet gatekeepers be required to respect freedom of expression and to contribute actively to a diverse and plural marketplace of ideas? These are key issues for media regulation, and will remain so for the foreseeable decades. The book starts with the foundations of freedom of expression and freedom of the press, and then goes on to explore the general issues concerning the regulation of the internet as a specific medium. It then turns to analysing the legal issues relating to the three most important gatekeepers whose operations directly affect freedom of expression: ISPs, search engines and social media platforms. Finally it summarises the potential future regulatory and media policy directions. The book takes a comparative legal approach, focusing primarily on English and American regulations, case law and jurisprudential debates, but it also details the relevant international developments (Council of Europe, European Union) as well as the jurisprudence of the European Court of Human Rights.
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1. The Foundations of Free Speech and Freedom of the Press
I. Freedom of Speech in the Age of the Internet
II. The Category of ‘Speech’ and the Scope of Protection
III. Limitation of the Freedom of Speech
IV. Freedom of the Press and Media Regulation
2. The Regulation of the Internet and its Gatekeepers in the Context of the Freedom of Speech
I. Online Content Providers as ‘Media’
II. The Regulation of Internet Gatekeepers
3. Internet Service Providers
I. Introduction
II. Obligations of the Internet Service Providers Regarding Illegal Content
III. The Problem of Network Neutrality
IV. Censorship by Internet Service Providers
4. Search Engines
I. Introduction – The Role of Search Engines in Online Public Sphere
II. Search Results as Speech
III. The Liability of Search Engines for Violations of Personality Rights
IV. The Manipulation of Search Results
V. Summary
5. Social Media Platforms
I. Introduction
II. Social Media Platforms and the Democratic Public Sphere
III. The Regulation of Platforms by Legislation
IV. Private Regulation by Platforms
V. Summary
6. Gatekeepers’ Responsibility for Online Comments
I. The Case of Online Comments
II. The European Court of Human Rights Case Law Relating to Comments – Overview
III. The Relevant Criteria in the Cases before the European Court of Human Rights
IV. Main Criticism of the Jurisprudence of the European Court of Human Rights
V. The Case of Social Media Comments
VI. Summary
7. The Future of Regulating Gatekeepers
I. Introduction
II. Possible Interpretations of Existing Legal Doctrines Concerning the Public Sphere
III. The Possible Models of Future European Regulation
IV. Summary
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[R]igorous in its attention to detail and demonstrates great adeptness in communicating the complexities of various regulatory regimes in a manner that is both informative and interesting.
An important examination of freedom of expression in the age of new media, such as social media, the implications this has for constitutional arrangements.
An important examination of freedom of expression in the age of new media, such as social media and the implications this has for constitutional arrangements
A venue for works exploring the full range of modern scholarship in comparative public law.
The series is catholic in coverage, embracing topics as diverse as constitutional design and reform, judicial reasoning in constitutional law, Bills of Rights, international administrative law and justice, and comparative constitutionalism. The series welcomes work by legal scholars and embraces a wide understanding of comparative public law scholarship in the pursuit of a better understanding of the world's diverse public law traditions.
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Produktdetaljer
ISBN
9781509916481
Publisert
2019-07-25
Utgiver
Vendor
Hart Publishing
Vekt
653 gr
Høyde
244 mm
Bredde
169 mm
Aldersnivå
P, 06
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
280
Forfatter