Freedom of Expression and Platform Liability
Legal Standards, Remedies, and the Governance of Online Speech
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Beschreibung
This book examines the relationship between intermediary liability, freedom of expression, and effective remedies in the digital environment. Drawing on the jurisprudence of the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR), it explores the legal principles that shape platform responsibility and content moderation, placing recent developments within the broader framework of European fundamental rights protection.
At the heart of the analysis are two innovative review mechanisms: Meta’s Oversight Board and the Appeals Centre Europe, an out-of-court dispute settlement body established under the Digital Services Act (DSA). The book critically assesses whether these bodies can provide safeguards traditionally associated with judicial remedies, including independence, transparency, legitimacy, accountability, and accessibility.
Through a detailed examination of institutional design and key content moderation decisions, particularly in the area of hate speech, the study reveals both the potential and the structural limitations of private and hybrid remedial mechanisms. In doing so, it makes an important contribution to ongoing debates on intermediary liability, platform governance, digital constitutionalism, and the protection of fundamental rights online.
A valuable resource for scholars, practitioners, policymakers, and advanced students working in the fields of EU digital regulation, freedom of expression, and platform governance.
Evaluates content moderation vis-à-vis intermediary liability, free expression, and effective remedies Combines theoretical analysis with empirical insights into the operations of the Oversight Board, Appeals Centre Europe Provides a rights-based approach to contractual regulation of freedom of expression and private remedy mechanisms
Autor*in
Dorina Gyetván
Themen in »Freedom of Expression and Platform Liability«
effective remedy on social media contractual restriction of freedom of expression Oversight Board as effective remedy intermediary liability and content moderation Appeals Centre Europe as remedy independence of the Oversight Board and Appeals Centre Europe