Digital media governance and supranational courts : selected issues and insights from the European judiciary

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Digital media governance and supranational courts : selected issues and insights from the European judiciary

edited by Evangelia Psychogiopoulou, Susana de la Sierra

E. Elgar, c2022

  • : cased

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Includes bibliographical references and index

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内容説明

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. Chapters written by expert contributors explore the interpretative steps taken by the CJEU and the ECtHR to solve arising legal issues, shedding light on their interpretation and refinement of the applied rules. The book provides fresh insights into the effects of European adjudication on the content and scope of the rules enforced and examines the ways in which the two European courts address the specificities of digitalization and digital media in their rulings. It also addresses the process of defining the constitutional boundaries of digital media and the exercise of rights and freedoms therein, focusing on digital media and the distinct challenges posed by digitalization and digital communication. Digital Media Governance and Supranational Courts will be a key resource for academics and scholars of European and Constitutional law, fundamental rights and digital transformation, as well as for students seeking a better understanding of the contribution of the CJEU and the ECtHR to digital media governance.

目次

Contents: 1 European Supranational Courts and Judicial Decision-Making in the Era of Digitalisation 1 Evangelia Psychogiopoulou and Susana de la Sierra 2 European Courts as Digital Media Regulators 17 Susana de la Sierra 3 Taxation of Digital Business and Social Media: Contribution of the Court of Justice to the Compatibility with EU Fundamental Freedoms 36 Begona Perez Bernabeu 4 In Tech we Trust? Fixing the Evolutionary Interpretation by the Court of Justice of the Prohibition of General Monitoring in the Era of Automated Content Moderation 53 Valentina Golunova 5 Judicial Interactions with the Court of Justice and the Application of the Right to be Forgotten by National Courts 72 Federica Casarosa 6 Copyright and Freedom of Expression in the Digital Age: Unravelling the Complexities of Fundamental Rights Analysis by the Court of Justice 91 Evangelia Psychogiopoulou 7 Freedom of Expression in the Digital Environment: How the European Court of Human Rights has Contributed to the Protection of the Right to Freedom of Expression and Information on the Internet 112 Dirk Voorhoof 8 New Technologies and Public Watchdogs Before the European Court of Human Rights: Reflections on European Supranational Litigation 137 Kristina Cendic and Gergely Gosztonyi 9 State Obligations Regarding Online Gender-Based Violence: A Moving Puzzle 155 Gloria Gonzalez Fuster 10 European Policymaking on Disinformation and the Standards of the European Court of Human Rights 174 Iva Nenadic and Sofia Verza 11 Fundamental Rights Adjudication by European Supranational Courts in Digital Media Cases 197 Domenico Rosani and Clara Rauchegger Index

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