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Digital Media Governance and Supranational Courts

Digital Media Governance and Supranational Courts
Author: Psychogiopoulou, Evangelia
Publisher: Edward Elgar Publishing
Total Pages: 231
Release: 2022-09-06
Genre: Law
ISBN: 1802203001
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This timely book untangles the digital media jurisprudence of supranational courts in Europe with a focus on the CJEU and the ECtHR. It argues that in the face of regulatory tension and uncertainty, courts can have a strong bearing on the applicable rules and standards of digital media.

Social Media, Fundamental Rights and Courts

Social Media, Fundamental Rights and Courts
Author: Federica Casarosa
Publisher:
Total Pages: 0
Release: 2023
Genre: Social media
ISBN: 9781032074696
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"This volume examines European and national higher court decisions on social media from the perspective of fundamental rights and judicial dialogue. While the challenges social media poses for public policy and regulation have been widely discussed, the role of courts in this evolving legal area, especially from a fundamental rights standpoint, has hitherto remained largely underexplored. This volume probes the contribution of national and European judiciaries to the protection of fundamental rights in a social media setting and delves into patterns of dialogue and interaction between domestic courts, the Court of Justice of the EU (CJEU) and the European Court of Human Rights (ECtHR), and between the CJEU and the ECtHR. The book specifically examines the extent and ways in which national and European judges incorporate fundamental rights reasoning in their social media rulings. It also investigates the nature and breadth of the use of European supranational case law in domestic judicial assessment, and analyses the engagement of the CJEU and the ECtHR with the other's case law. In doing so, the book instils jurisprudential dynamics into the study of social media law and regulation, exploring in particular the effects of European constitutionalism on the shaping and enforcement of fundamental rights in a social media context. Written by emerging and established experts in the field, this book will be essential reading for scholars of comparative, European and constitutional law, as well as those with a particular interest in digital technologies and social media"--

Public Service Broadcasting 3.0

Public Service Broadcasting 3.0
Author: Mira Burri
Publisher: Routledge
Total Pages: 351
Release: 2015-06-05
Genre: Law
ISBN: 1317664779
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The digital media environment is characterized by an abundance and diversity of content, a multiplicity of platforms, new modes of content production, distribution and access, and changed patterns of consumer and business behaviour. This has challenged the traditional model of public service broadcasting (PSB) in diverse ways. This book explores whether and how PSB should adapt to reflect the conditions of the digital media space so that it can effectively and efficiently continue to serve its public mandate. Drawing on literature on media governance in media and communication science, public international law as well as discussions on cyberlaw, Mira Burri maps and critically analyses existing policy and scholarly debates on PSB transformation. She challenges some of conventional rationales for reform, identifies new ones, as well as exposes the limitations placed upon existing and future policy solutions by global media governance arrangements, especially in the fields of trade, copyright and Internet governance. The book goes on to advance a future-oriented model of Public Service Media, which is capable of matching an environment of technological and of governance complexity. As a work that explores how public interest objectives can be pursued efficiently and sustainably in the digital media ecology, this book will be of great interest and use to students and researchers in media law, information technology law, and broadcast media studies, as well as to policy-makers.

Social Media, Fundamental Rights and Courts

Social Media, Fundamental Rights and Courts
Author: Federica Casarosa
Publisher: Taylor & Francis
Total Pages: 226
Release: 2023-06-23
Genre: Law
ISBN: 1000895998
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This volume examines European and national higher-court decisions on social media from the perspective of fundamental rights and judicial dialogue. While the challenges social media poses for public policy and regulation have been widely discussed, the role of courts in this evolving legal area, especially from a fundamental-rights standpoint, has hitherto remained largely underexplored. This volume probes the contribution of national and European judiciaries to the protection of fundamental rights in a social media setting and delves into patterns of dialogue and interaction between domestic courts, the Court of Justice of the EU (CJEU) and the European Court of Human Rights (ECtHR), and between the CJEU and the ECtHR. The book specifically examines the extent and ways in which national and European judges incorporate fundamental rights reasoning in their social media rulings. It also investigates the nature and breadth of the use of European supranational case law in domestic judicial assessment and analyses the engagement of the CJEU and the ECtHR with the other’s case law. In doing so, the book instils jurisprudential dynamics into the study of social media law and regulation, exploring in particular the effects of European constitutionalism on the shaping and enforcement of fundamental rights in a social media context. Written by emerging and established experts in the field, this book will be essential reading for scholars of comparative, European and constitutional law, as well as those with a particular interest in digital technologies and social media.

Censorship from Plato to Social Media

Censorship from Plato to Social Media
Author: Gergely Gosztonyi
Publisher: Springer Nature
Total Pages: 195
Release: 2023-11-25
Genre: Law
ISBN: 3031465296
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In many countries, censorship, blocking of internet access and internet content for political purposes are still part of everyday life. Will filtering, blocking, and hacking replace scissors and black ink? This book argues that only a broader understanding of censorship can effectively protect freedom of expression. For centuries, church and state controlled the content available to the public through political, moral and religious censorship. As technology evolved, the legal and political tools were refined, but the classic censorship system continued until the end of the 20th century. However, the myth of total freedom of communication and a law-free space that had been expected with the advent of the internet was soon challenged. The new rulers of the digital world, tech companies, emerged and gained enormous power over free speech and content management. All this happened alongside cautious regulation attempts on the part of various states, either by granting platforms near-total immunity (US) or by setting up new rules that were not fully developed (EU). China has established the Great Firewall and the Golden Shield as a third way. In the book, particular attention is paid to developments since the 2010s, when Internet-related problems began to multiply. The state’s solutions have mostly pointed in one direction: towards greater control of platforms and the content they host. Similarities can be found in the US debates, the Chinese and Russian positions on internet sovereignty, and the new European digital regulations (DSA-DMA). The book addresses them all. This book will be of interest to anyone who wants to understand the complexities of social media’s content regulation and moderation practices. It makes a valuable contribution to the field of freedom of expression and the internet, showing that, with different kinds of censorship, this essentially free form of communication has come – almost by default – under legal regulation and the original freedom may have been lost in too many countries in recent years.

The Global Handbook of Media Accountability

The Global Handbook of Media Accountability
Author: Susanne Fengler
Publisher: Routledge
Total Pages: 643
Release: 2021-12-30
Genre: Social Science
ISBN: 1000504948
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The Global Handbook of Media Accountability brings together leading scholars to de-Westernize the academic debate on media accountability and discuss different models of media self-regulation and newsroom transparency around the globe. With examination of the status quo of media accountability in 43 countries worldwide, it offers a theoretically informed comparative analysis of accountability regimes of different varieties. As such, it constitutes the first interdisciplinary academic framework comparing structures of media accountability across all continents and creates an invaluable basis for further research and policymaking. It will therefore appeal to scholars and students of media studies and journalism, mass communication, sociology, and political science, as well as policymakers and practitioners.

Digital Bouncers

Digital Bouncers
Author: Berdien B. E. van der Donk
Publisher: Kluwer Law International B.V.
Total Pages: 389
Release: 2024-08-27
Genre: Political Science
ISBN: 9403528680
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Online content moderation is a well-known phenomenon. However, no consistent pattern exists on how it is done or how it is legally dealt with. This book addresses the complex issue of questionable content removals and account suspensions on social media platforms in the European Union, solving the existing legal ambiguity with a powerful roadmap designed to guide decision-makers in navigating online access rights and moderation issues. The roadmap’s elements are deduced from a technology-neutral comparative case law study of four Member States (Denmark, Germany, Italy, and the Netherlands) based on rigorous selection criteria that highlight the most salient distinctions that characterise legal approaches to social media access and moderation. The ‘layers’ of the roadmap focus on such central issues as the following: the legal basis for social media platforms to impose restrictions; platform operators’ right to shape access, including limitations to the platform’s right to exclude users; the validity and enforceability of terms of service; and users’ and platforms’ remedies for breaches of the terms of service, including the procedural obligations in the Digital Services Act. Unlike previous work on the topic, this book does not focus on one field of law but touches upon and combines European law, constitutional and fundamental rights law, competition law, equality law, property law, and contract law, all reflected on and assessed through both a European and a national lens. By addressing these multifaceted legal aspects, it offers a holistic approach to resolving content moderation challenges and demonstrates which problems are most effectively addressed by which fields of law. The book’s roadmap can be used within the European Union to address and/or resolve any access and moderation problems on social media platforms. It will serve as a valuable resource for judges, social media platforms, and dispute resolution bodies, providing practical insights and guidance in navigating this complex landscape and streamlining decision-making processes. It will prove of immeasurable value in fostering a balanced and fair approach to content moderation in the EU that will ensure that all European users have equal opportunities for redress.

Brexit and the Digital Single Market

Brexit and the Digital Single Market
Author: Alison Harcourt
Publisher: Oxford University Press
Total Pages: 289
Release: 2023-07-27
Genre: Law
ISBN: 0192899376
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The Digital Single Market (DSM) comprised numerous Directives, Regulations, and other instruments aimed at facilitating cross-border digital services, including access to banking, shopping, streaming, and satellite television across European Union borders without restrictions. With one-fifth of service exports stemming from the digital sector, the DSM was vital for the UK, with the EU representing its largest digital services export market. Brexit and the Digital Single Market examines the important historical role of the UK in DSM development, the consequences of Brexit for the UK's digital sector, and future EU and UK policy trajectories. The book illuminates how the UK continues to innovate in the digital sector but also how it is constrained by external factors both at EU and global levels. It considers how EU policy is taking a new direction in its 2020 Digital Strategy programme which leans towards greater protection of European champions and digital sovereignty, a tightening of its data protection regime, and greater regulatory intervention in digital markets. Timely and unprecedented, Brexit and the Digital Single Market is the first volume to comprehensively cover the implications of Brexit on the EU's DSM. This is an essential read for students and academics in political science and law, as well as civil servants, regulators, and policy makers working within the digital sector.

Limits of Supranational Justice

Limits of Supranational Justice
Author: Dilek Kurban
Publisher: Cambridge University Press
Total Pages: 411
Release: 2020-11-12
Genre: Law
ISBN: 110848932X
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A rich and gripping account of the challenges of transnational legal mobilization against an authoritarian regime engaged in state violence.

Beyond High Courts

Beyond High Courts
Author: Matthew C. Ingram
Publisher: University of Notre Dame Pess
Total Pages: 463
Release: 2019-05-15
Genre: Political Science
ISBN: 0268102848
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Beyond High Courts: The Justice Complex in Latin America is a much-needed volume that will make a significant contribution to the growing fields of comparative law and politics and Latin American legal institutions. The book moves these research agendas beyond the study of high courts by offering theoretically and conceptually rich empirical analyses of a set of critical supranational, national, and subnational justice sector institutions that are generally neglected in the literature. The chapters examine the region’s large federal systems (Argentina, Brazil, and Mexico), courts in Chile and Venezuela, and the main supranational tribunal in the region, the Inter-American Court of Human Rights. Aimed at students of comparative legal institutions while simultaneously offering lessons for practitioners charged with designing such institutions, the volume advances our understanding of the design of justice institutions, how their form and function change over time, what causes those changes, and what consequences they have. The volume also pays close attention to how justice institutions function as a system, exploring institutional interactions across branches and among levels of government (subnational, national, supranational) and analyzing how they help to shape, and are shaped by, politics and law. Incorporating the institutions examined in the volume into the literature on comparative legal institutions deepens our understanding of justice systems and how their component institutions can both bolster and compromise democracy and the rule of law. Contributors: Matthew C. Ingram, Diana Kapiszewski, Azul A. Aguiar-Aguilar, Ernani Carvalho, Natália Leitão, Catalina Smulovitz, John Seth Alexander, Robert Nyenhuis, Sídia Maria Porto Lima, José Mário Wanderley Gomes Neto, Danilo Pacheco Fernandes, Louis Dantas de Andrade, Mary L. Volcansek, and Martin Shapiro.