Updating the Rules for Online Content Dissemination PDF Download

Author: Mark D. Cole
Publisher:
ISBN: 9783848781843
Category :
Languages : en
Pages : 241

View

Book Description
The current legal framework for online content dissemination has proven insufficient to effectively combat illegal content. The Commissions' proposal for an EU 'Digital Services Act' aims to update the horizontal framework for intermediaries and create a safe online environment. However, as far as content mediation is concerned, European fundamental rights and values require that the specificities of media law must be taken into account. This study, conducted by the Institute of European Media Law (EMR) on behalf of the Media Authority of NRW, describes the current legal framework and the DSA proposal, and provides a comprehensive assessment from the perspective of media law, complemented by alternative proposals for further improvement.

Author: Jeremy Malcolm
Publisher: Consumers International
ISBN: 0956994377
Category : Law
Languages : en
Pages : 113

View

Book Description
The United Nations Guidelines for Consumer Protection are an influential declaration of best practices in consumer protection law and policy. But as they were last amended in 1999, they are now overdue for an update - not least in areas where advances in technology have affected consumers, such as access to knowledge, Internet and telecommunications services, e-commerce, and digital products and services. Consumers International (CI), as the global campaigning voice for consumers, is well placed to make recommendations about what amendments should be made to address these new and emerging areas of consumer rights. This publication - which is a companion volume to a broader set of amendments developed by CI - explains our reasoning behind those proposed amendments that particularly affect consumers in the digital age. A focus of this volume - and of the Guidelines themselves - is on how effective consumer laws and policies can benefit consumers in developing and emerging economies. As such, in-depth analysis is provided of how the proposed amendments relate to consumers in India, Brazil and South Africa, either by reflecting existing best practices in those countries, or by shining light on problem areas that the proposed amendments could help address.

Author:
Publisher: Oxford University Press
ISBN: 0198919565
Category : Law
Languages : en
Pages : 335

View

Book Description
Governance of Automated Decision-Making and EU Law presents a comprehensive and nuanced exploration of the intricate relationship between technological innovation and democratic governance in Europe. Focused on preserving constitutional values within the European Union, the book rigorously examines the profound impact of information technologies on rule-making and decision-making processes. The dual objectives of the volume are to comprehensively explore the impact of innovative information technologies on the EU's public law and to devise future-proof regulatory strategies in the face of rapid technological advancements. Addressing the spread of information technology and automated decision-making processes across EU policy sectors, the work delves into potential risks to democratic principles and accountability standards. Advocating for a comprehensive approach, the volume integrates legal, policy, and technological considerations to establish accountability standards for automated decision-making systems. Tailored for academics, researchers, and policymakers, Governance of Automated Decision-Making and EU Law provides a vital resource for understanding the complexities and opportunities associated with the digitalization of shared administration in the EU. It contributes significantly to the ongoing discourse on safeguarding constitutional values and principles of good governance in the digital era. The findings underscore the interconnectedness of information systems across EU-regulated policy areas and the risks posed by automated decision-making systems. Urging attention to transparency and accountability, the book addresses these concerns through eleven chapters, offering insights into normative requirements, administrative procedures, market regulation, digital health, borders and immigration, political advertising, interoperability framework, AI technology, and their intersection with legal principles. This is an open-access title available under the terms of a CC BY-NC-ND 4.0 International license.

Author: Nikos Koutras
Publisher: Taylor & Francis
ISBN: 1040000886
Category : Law
Languages : en
Pages : 208

View

Book Description
As artificial intelligence (AI) is increasingly used to generate inventions and creative works, a critical question to be addressed is whether intellectual property (IP) laws should protect such works. This book examines the critical question of whether intellectual property laws should protect works generated by artificial intelligence. If we do not wish to use IP laws to protect such works, how can we still support research, development, and innovation in society? If we do wish to use IP laws to protect such works, should the copyright, patents, and other IP rights attach to the human creator of the AI technology or the AI system? The book explores these compelling societal, economic, and legal issues. The authors evaluate the continuing relevance of existing laws, explore the divergent approaches being debated by nations around the world, and present visions for change. The book will enable both lawyers and non-lawyers to reimagine governance frameworks to create laws that equitably balance the interests of creators, investors, and end users of AI-generated works.

Author:
Publisher:
ISBN: 9789294742445
Category :
Languages : en
Pages :

View

Book Description
This Opinion by the European Union Agency for Fundamental Rights (FRA) aims to inform the European Parliament's position on the legislative proposal for a Regulation on preventing the dissemination of terrorist content online, presented by the European Commission on 12 September 2018. Throughout the text, this FRA Opinion refers to the legislative text using the wording "the proposal" or "the proposed Regulation". According to the Explanatory Memorandum to the proposal, terrorists "misuse the internet to groom and recruit supporters, to prepare and facilitate terrorist activity, to glorify in their atrocities and urge others to follow suit." The impact assessment accompanying the proposal points out that availability of online terrorist content can accelerate radicalisation, recruit terrorist supporters and facilitate or instruct terrorist activity. The proposed Regulation follows a set of recently adopted voluntary measures. It builds on the work of the EU Internet Forum, launched in December 2015 as a framework of voluntary cooperation between Member States and representatives of major internet companies to detect and address online terrorist content. The proposal also operationalises the Commission's Communication on tackling illegal content online, towards enhanced responsibility of online platforms. Finally, it aims to transform into legally binding provisions some of the elements in the Commission Recommendation on measures to effectively tackle illegal content online, which sets up a voluntary framework of action for internet intermediaries. According to Recital (1) of the proposal, by preventing the misuse of hosting services for terrorist purposes, the proposed Regulation aims to ensure the smooth functioning of the digital single market in an open and democratic society. The proposal contains a definition of "terrorist content" in Article 2 (5) that is directly linked to the definition of terrorist offences set out in Directive (EU) 2017/541 on combating terrorism (Terrorism Directive).

Author: Stefan Kulk
Publisher: Kluwer Law International B.V.
ISBN: 9403514906
Category : Law
Languages : en
Pages : 526

View

Book Description
All forms of online communications and interactions between people and companies on the Internet are facilitated by intermediaries – service providers whose decisions and policies have a shaping effect on the Internet, its users and the information shared on it. Today, because such intermediaries employ technologies that go well beyond the mere transmission and storage of information into new realms potentially disrupting existing business models, a rethinking of existing relevant law is called for. The legal analysis and recommendations in this book put the topic of intermediary liability in the perspective of copyright law and offer a vision on how to regulate that liability. In the context of in-depth and up-to-date analyses on EU, US, German and Dutch law, the author discusses such issues and topics as the following: the liability rules in the new Directive on Copyright in the Digital Single Market; liability for the intermediary’s own copyright infringements (primary liability); the intermediary’s responsibility to stop or prevent the infringements of others (secondary liability); the role that fundamental rights play in copyright law and intermediary liability; the rights and interests of copyright owners, intermediaries and users, and how they are protected; notice-and-takedown by service providers; website blocking by Internet access providers; the publisher’s rights and the use of online articles by platforms; legal status of hyperlinks under copyright law; and search engine use of copyrighted materials. A focus on the strengths and weaknesses of existing EU copyright law concerning Internet intermediaries in terms of how future-proof that law is, includes detailed attention to legislation, regulation and case law. With its deeply informed guidance with respect to the methods of regulation in a domain that is heavily influenced by technological developments, this book will be welcomed by policymakers, legislators, academics, judges and practitioners working in the area of copyright law as applied to the Internet. The detailed attention to the extent to which an intermediary can be held liable for copyright infringements in both the EU and the US will prove highly beneficial for in-house counsellors and advisors working for rights holder organizations and intermediary service providers.

Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216

View

Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Author: Werner Stengg
Publisher: Edward Elgar Publishing
ISBN: 1035338645
Category : Law
Languages : en
Pages : 331

View

Book Description
This thought-provoking book follows the EU's journey into the digital age, explaining how it uses legislation and policy to tackle challenges such as the abuse of market power by Big Tech companies and the spread of hate speech and disinformation.

Author: Pedro De Miguel Asensio
Publisher: Edward Elgar Publishing
ISBN: 1035315130
Category : Law
Languages : en
Pages : 561

View

Book Description
In this thoroughly revised second edition, Pedro De Miguel Asensio presents a practical analysis of jurisdiction, choice of law, and recognition and enforcement of judgments in the context of online activities, examining areas where private legal relationships are most affected by the Internet. Addressing the tension between the ubiquity of the Internet and the territorial nature of national legal orders, the author sets out the latest developments across multiple jurisdictions in this dynamic field.

Author: András Koltay
Publisher: Taylor & Francis
ISBN: 1040101127
Category : Law
Languages : en
Pages : 314

View

Book Description
The main objectives of media regulation in Europe are to protect media freedom, to ensure the social responsibility of the media, and to prevent harm caused by speech published through the media. This book examines the way in which these are reflected in European legal regimes and jurisprudence at the supranational, regional, and national levels. It addresses the theoretical considerations behind the protection and restriction of media freedom. It starts from the assumption that there is a common European ideal of media freedom as a human right. Apart from EU law, and in many cases similar national regulations, many common points can be identified across Europe in the theoretical underpinnings of this right, and the history of struggles for this freedom in different European countries also shows common features. While the focus is on media freedom in Europe, the work also discusses the uniquely distinct concept of freedom of expression and of the media that is prevalent in the US, the principles of which have a significant impact in Europe. The book uses a comparative method, in part, as it attempts to outline the common regulatory framework for the idea of media freedom on a European scale. The reference to national laws and court decisions is intended to illustrate this picture, looking primarily at what binds European states together. The work will be a valuable resource for those working in the areas of public law, media law, media studies, comparative law, international human rights law, and legal philosophy.