András Koltay

New Media and Freedom of Expression (eBook, ePUB)

Rethinking the Constitutional Foundations of the Public Sphere

• Format: ePub

Produktbeschreibung

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.

Produktdetails

• Verlag: Bloomsbury UK eBooks
• Seitenzahl: 224
• Erscheinungstermin: 25. Juli 2019
• Englisch
• ISBN-13: 9781509916504
• Artikelnr.: 57338968

Autorenporträt

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

Inhaltsangabe

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