The Rule of Law in Cyberspace / edited by Carlos Blanco de Morais, Gilmar Ferreira Mendes, Thomas Vesting.

Format:

Book

Author/Creator:

Morais, Carlos Blanco de, author.

Mendes, Gilmar Ferreira, 1955- author.

Vesting, Thomas, author.

Series:

Law, Governance and Technology Series, 2352-1910 ; 49

Language:

English

Subjects (All):

Information technology--Law and legislation.

Information technology.

Mass media--Law and legislation.

Mass media.

Public law.

Social media.

IT Law, Media Law, Intellectual Property.

Public Law.

Social Media.

Local Subjects:

IT Law, Media Law, Intellectual Property.

Public Law.

Social Media.

Physical Description:

1 online resource (vi, 401 pages)

Edition:

1st ed. 2022.

Place of Publication:

Cham : Springer International Publishing : Imprint: Springer, 2022.

Summary:

The rule of law in cyberspace currently faces serious challenges. From the democratic system to the exercise of fundamental rights, the Internet has raised a host of new issues for classic legal institutions. This book provides a valuable contribution to the fields of international, constitutional and administrative law scholarship as the three interact in cyberspace. The respective chapters cover topics such as the notion of digital states and digital sovereignty, jurisdiction over the Internet, e-government, and artificial intelligence. The authors are eminent scholars and international experts with a profound knowledge of these topics. Particular attention is paid to the areas of digital democracy, digital media and regulation of the digital world. The approach employed is based on a comparative perspective from Germany, the Netherlands, Italy, Portugal and Brazil. One particular focus is on how various legal systems are coping with increasing difficulties in the exercise of democracy with regard to disinformation and hate speech. The roles of legislators, the judicial system and public administrations are analysed in the light of the latest cases, conflicts and technologies. In addition to this comparative approach, the book explores the evolution of rule of law in cyberspace and the upcoming new legal regimes in the European Union and Brazil. Special care is taken to offer a critical review of both the literature and the latest legal solutions adopted and being considered regarding the regulation of cyberspace from a constitutional and administrative perspective. Given its scope, the book will be of interest to researchers and scholars in the field of digital law whose work involves constitutional problems in cyberspace and/or practical problems concerning the regulation of social networks and online commerce.

Contents:

"Digital Democracy": A Threat to the Democratic System or Oxygenation of Representative Democracy and Free Speech? / Carlos Blanco de Morais

Digital Constitutionalism and Constitutional Jurisdiction: A Research Agenda for the Brazilian Case / Gilmar Ferreira Mendes and Victor Oliveira Fernandes

The Crisis of the Representative Democracy in the Face of Digital Democracy / Francisco Balaguer Callejon

Rule of Law, Democracy and New Technologies / Jose Levi Mello do Amaral Junior

Freedom, Democracy, Digital Government and Human Development / Paulo Uebel

The Digitization of Government and Digital Exclusion: Setting the Scene / Sofia Ranchord

The Impact of Artificial Intelligence on the Structures of the Modern Public Sphere / Thomas Vesting

Fake News and the 2018 Brazilian Presidential Election / Frederico Goncalves Junkert

Political Speech, Freedom of Expression and Fake News / Carlos Bastide Horbach

Disinformation and Journalism / Luisa Meireles

Social Networks and the Exercise of Fundamental Rights: Public Administration and the Digitalization of Fundamental Rights / Mariana Melo Egidio

Freedom of Expression in the Age of Digital Platforms: Change of Paradigm? / Rui Tavares Lanceiro

Online Hate Speech and the Role of Digital Platforms: What Are the Prospects for Freedom of Expression? / Ginevra Cerrina Feroni and Andrea Gatti

Hate Speech and Social Media / Miguel Nogueira de Brito

Don't Shoot the Message: Regulating Disinformation Beyond Content / Clara Iglesias Keller

Models of Legal Liability for Social Networks: Between Germany and Portugal / Domingos Soares Farinho and Ricardo Resende Campos

Self-Regulation and Public Regulation of Social Networks in Portugal / Domingos Soares Farinho

Cyber Courts for Social Media As a New Institutional Dimension of Media Freedom? / Karl-Heinz Ladeur.

Notes:

Includes bibliographical references.

ISBN:

3-031-07377-0