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New Media and Freedom of Expression Rethinking the Constitutional Foundations of the Public Sphere

Koltay, András
Heftet / 2021 / Engelsk

Produktdetaljer

ISBN
9781509946280
Publisert
2021-01-21
Utgiver
Vendor
Hart Publishing
Vekt
454 gr
Høyde
244 mm
Bredde
169 mm
Aldersnivå
P, 06
Språk
Product language
Engelsk
Format
Product format
Heftet
Antall sider
280

Forfatter
Koltay, András

Biographical note

András Koltay is Professor of Law at the National University of Public Service, and at the Pázmány Péter Catholic University, Budapest, Hungary.

New Media and Freedom of Expression Rethinking the Constitutional Foundations of the Public Sphere

Koltay, András
Heftet / 2021 / Engelsk
Koltay, András
Heftet / 2021 / Engelsk
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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.

- Paul Wragg, University of Leeds, Communications Law

This is an ambitious and authoritative monograph that has been thoroughly researched. It is without doubt a seminal piece of work that not only makes a valuable contribution to the free speech debate now but will, no doubt, continue to act as a catalyst and resource for further research and debate long into the future. Koltay has managed to adroitly balance in depth authoritative analysis with accessibility. Consequently, this book will not only be of huge value to academic and practising lawyers operating within the media law and human rights spheres, but will also be of interest to law students, philosophers, communication and journalism academics, journalists and other media professionals in the UK and internationally.

- Peter Coe, Institute of Advanced Legal Studies’ Information Law and Policy Centre, University of London, Entertainment Law Review

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.
Les mer
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 SpeechIV. 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
Les mer
An important examination of freedom of expression in the age of new media, such as social media, the implications this has for constitutional arrangements.
Now available in paperback
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.
Les mer

Relaterte produkter

[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.

- Paul Wragg, University of Leeds, Communications Law

This is an ambitious and authoritative monograph that has been thoroughly researched. It is without doubt a seminal piece of work that not only makes a valuable contribution to the free speech debate now but will, no doubt, continue to act as a catalyst and resource for further research and debate long into the future. Koltay has managed to adroitly balance in depth authoritative analysis with accessibility. Consequently, this book will not only be of huge value to academic and practising lawyers operating within the media law and human rights spheres, but will also be of interest to law students, philosophers, communication and journalism academics, journalists and other media professionals in the UK and internationally.

- Peter Coe, Institute of Advanced Legal Studies’ Information Law and Policy Centre, University of London, Entertainment Law Review

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.
Les mer
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 SpeechIV. 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
Les mer
An important examination of freedom of expression in the age of new media, such as social media, the implications this has for constitutional arrangements.
Now available in paperback
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.
Les mer

Produktdetaljer

ISBN
9781509946280
Publisert
2021-01-21
Utgiver
Vendor
Hart Publishing
Vekt
454 gr
Høyde
244 mm
Bredde
169 mm
Aldersnivå
P, 06
Språk
Product language
Engelsk
Format
Product format
Heftet
Antall sider
280

Forfatter
Koltay, András

Biographical note

András Koltay is Professor of Law at the National University of Public Service, and at the Pázmány Péter Catholic University, Budapest, Hungary.

Relaterte produkter