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New Media and Freedom of Expression

Rethinking the Constitutional Foundations of the Public Sphere

Dr András Koltay

$190

Hardback

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English
Hart Publishing
25 July 2019
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.
By:  
Imprint:   Hart Publishing
Country of Publication:   United Kingdom
Dimensions:   Height: 244mm,  Width: 169mm, 
Weight:   653g
ISBN:   9781509916481
ISBN 10:   1509916482
Series:   Hart Studies in Comparative Public Law
Pages:   280
Publication Date:  
Audience:   Professional and scholarly ,  Professional and scholarly ,  Undergraduate ,  Undergraduate
Format:   Hardback
Publisher's Status:   Active
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

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

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

[R]igorous in its attention to detail and demonstrates great adeptness in communicating the complexities of various regulatory regimes in a manner that is both informative and interesting. -- Paul Wragg, University of Leeds * Communications Law *


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