Intermediary Liability and Freedom of Expression in the EU

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Author :
Release : 2018
Genre : Freedom of expression
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Book Rating : 148/5 ( reviews)

Intermediary Liability and Freedom of Expression in the EU - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Intermediary Liability and Freedom of Expression in the EU write by Aleksandra Kuczerawy. This book was released on 2018. Intermediary Liability and Freedom of Expression in the EU available in PDF, EPUB and Kindle. States increasingly delegate regulatory and police functions to internet intermediaries. This may lead to interference with the right to 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 framework to protect the freedom of expression in an online world.

Intermediary Liability & Freedom of Expression

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Release : 2016
Genre :
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Book Rating : /5 ( reviews)

Intermediary Liability & Freedom of Expression - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Intermediary Liability & Freedom of Expression write by Aleksandra Kuczerawy. This book was released on 2016. Intermediary Liability & Freedom of Expression available in PDF, EPUB and Kindle. In the European Union, liability of Internet Intermediaries for third parties' content is regulated by the e-Commerce Directive. This instrument introduced liability exemptions for certain Internet Intermediaries, subject to specific requirements. The providers of so-called 'hosting services', for example, shall only enjoy such immunity provided they act expeditiously to remove illegal online content upon request. This mechanism, however, creates a risk for the fundamental right of freedom of expression. Without the necessary safeguards, this mechanism has the effect of inducing private censorship. Moreover, this mechanism has not been uniformly adopted in the EU countries creating a situation of great legal uncertainty. Cognisant of these problems, the EU has decided to review its rules on the Intermediary liability by commencing a 'Notice and Action' initiative. This paper describes the problem that the current legislation entails with regard to freedom of expression. From this perspective it, further, looks into the actions undertaken to this date by the European Commission on the topic of Notice and Action.

Oxford Handbook of Online Intermediary Liability

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Release : 2020-05-04
Genre : Law
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Book Rating : 985/5 ( reviews)

Oxford Handbook of Online Intermediary Liability - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Oxford Handbook of Online Intermediary Liability write by Giancarlo Frosio. This book was released on 2020-05-04. Oxford Handbook of Online Intermediary Liability available in PDF, EPUB and Kindle. 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.

Fostering freedom online: the role of Internet intermediaries

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Release : 2015-01-29
Genre : Education
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Book Rating : 39X/5 ( reviews)

Fostering freedom online: the role of Internet intermediaries - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Fostering freedom online: the role of Internet intermediaries write by MacKinnon, Rebecca. This book was released on 2015-01-29. Fostering freedom online: the role of Internet intermediaries available in PDF, EPUB and Kindle. 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.

Internet Intermediaries and Copyright Law

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Release : 2019-10-02
Genre : Law
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Book Rating : 906/5 ( reviews)

Internet Intermediaries and Copyright Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Internet Intermediaries and Copyright Law write by Stefan Kulk. This book was released on 2019-10-02. Internet Intermediaries and Copyright Law available in PDF, EPUB and Kindle. All forms of online communications and interactions between people and companies on the Internet are facilitated by intermediaries – service providers whose decisions and policies have a shaping effect on the Internet, its users and the information shared on it. Today, because such intermediaries employ technologies that go well beyond the mere transmission and storage of information into new realms potentially disrupting existing business models, a rethinking of existing relevant law is called for. The legal analysis and recommendations in this book put the topic of intermediary liability in the perspective of copyright law and offer a vision on how to regulate that liability. In the context of in-depth and up-to-date analyses on EU, US, German and Dutch law, the author discusses such issues and topics as the following: the liability rules in the new Directive on Copyright in the Digital Single Market; liability for the intermediary’s own copyright infringements (primary liability); the intermediary’s responsibility to stop or prevent the infringements of others (secondary liability); the role that fundamental rights play in copyright law and intermediary liability; the rights and interests of copyright owners, intermediaries and users, and how they are protected; notice-and-takedown by service providers; website blocking by Internet access providers; the publisher’s rights and the use of online articles by platforms; legal status of hyperlinks under copyright law; and search engine use of copyrighted materials. A focus on the strengths and weaknesses of existing EU copyright law concerning Internet intermediaries in terms of how future-proof that law is, includes detailed attention to legislation, regulation and case law. With its deeply informed guidance with respect to the methods of regulation in a domain that is heavily influenced by technological developments, this book will be welcomed by policymakers, legislators, academics, judges and practitioners working in the area of copyright law as applied to the Internet. The detailed attention to the extent to which an intermediary can be held liable for copyright infringements in both the EU and the US will prove highly beneficial for in-house counsellors and advisors working for rights holder organizations and intermediary service providers.