New media and freedom of expression : rethinking the constitutional foundations of the public sphere / András Koltay.

Format:

Book

Author/Creator:

Koltay, András, 1978- author.

Series:

Hart studies in comparative public law

Hart Studies in Comparative Public Law

Language:

English

Subjects (All):

Digital media--Law and legislation.

Digital media.

Electronic information resource searching--Law and legislation.

Electronic information resource searching.

Freedom of expression--Law and legislation.

Freedom of expression.

Internet service providers--Law and legislation.

Internet service providers.

Social media--Law and legislation.

Social media.

Comparative Law.

Constitutional and Administrative Law.

Human Rights.

Law.

Media Law.

Local Subjects:

Comparative Law.

Constitutional and Administrative Law.

Human Rights.

Law.

Media Law.

Physical Description:

1 online resource (281 pages).

Place of Publication:

London : Bloomsbury Publishing, 2019.

System Details:

Mode of access: World Wide Web.

text file

HTML

PDF

Summary:

"The principles of freedom of expression have been developed over centuries. How are they preserved 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 internet as a specific medium. It then turns to analysing the legal issues relating to the operations of the three most important gatekeepers (ISPs, search engines and social media platforms) 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".

Contents:

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

II. Social Media Platforms and the Democratic Public Sphere

III. The Regulation of Platforms by Legislation

IV. Private Regulation by Platforms

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

II. Possible Interpretations of Existing Legal Doctrines Concerning the Public Sphere

III. The Possible Models of Future European Regulation

IV. Summary

Notes:

Includes bibliographical references (pages 243-260) and index.

ISBN:

9781509916511

1509916512

9781509916498

1509916490

OCLC:

1154967341