Facebook, Twitter and YouTube as guarantors of free speech? Criticism of current notice-and-takedown system Cover Image

Facebook, Twitter a YouTube jako garanti svobodného projevu? Kritika současného systému notice-and-takedown
Facebook, Twitter and YouTube as guarantors of free speech? Criticism of current notice-and-takedown system

Author(s): Monika Hanych, Marek Pivoda
Subject(s): Law, Constitution, Jurisprudence, Communication studies, ICT Information and Communications Technologies
Published by: Masarykova univerzita
Keywords: ISP Liability; Social Networking Sites; Freedom of Expression Online; Notice-and-Takedown; Notice-and-Action;

Summary/Abstract: Social networking sites nowadays act as platforms for the free market of ideas. However, the regulation of illegal content is far from sufficient and there is often an interference within the fundamental rights of its users. At the same time, states are not able to face unlawful behaviour and retain responsibility on social networking sites and their own rules. The current liability regime, based on the notice-and-takedown procedure, appears to be an inappropriate solution for different kinds of expressions. It does not meet the requirements of legal certainty of users nor the transparency of the process and allows significant interference within their rights. Therefore, we propose to set up a new liability regime based on the principles of notice-and-action that take into account the differences among various expressions as well as the balance of the fundamental rights of all the parties concerned.

  • Issue Year: 8/2017
  • Issue No: 16
  • Page Range: 177-220
  • Page Count: 44
  • Language: Czech