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

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

  • 作者:
  • 出版商: Hart Publishing
  • ISBN: 9781509916481
  • 出版时间 July 2019
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
  • Paperback Edition ISBN: 9781509946280
¥1,116.25
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  • 描述 
  • 大纲 
  • 详细

    How are the principles of freedom of expression, developed over the centuries, preserved and passed on? How can large internet intermediaries be required to respect freedom of expression and to contribute actively to a diverse and plural market of opinions? These are key issues for media regulation – and will be so in the following decades as far as it is foreseeable.

    The book starts with the definition and summary of freedom of expression and freedom of the press and then goes on to elaborate on the general questions of the internet as a specific medium. It then turns to analysing the legal issues arising in the course of operation of the three most important intermediaries (ISPs, search engines and social media) that affect freedom of expression. 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 (Council of Europe, European Union) developments, as well as the jurisprudence of the European Court of Human Rights.

  • 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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