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Vol 25 No 2 Feb/March 2020

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Lewin on Trusts

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


ISBN13: 9781509916481
Published: July 2019
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £75.00



Low stock.

How are the principles of freedom of expression, developed over the centuries, preserved and passed on? How can large internet intermediaries be required to respect freedom of expression and to contribute actively to a diverse and plural market of opinions? These are key issues for media regulation – and will be so in the following decades as far as it is foreseeable.

The book starts with the definition and summary of freedom of expression and freedom of the press and then goes on to elaborate on the general questions of the internet as a specific medium. It then turns to analysing the legal issues arising in the course of operation of the three most important intermediaries (ISPs, search engines and social media) that affect freedom of expression. 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 (Council of Europe, European Union) developments, as well as the jurisprudence of the European Court of Human Rights.

Subjects:
Human Rights and Civil Liberties, IT and Internet Law
Contents:
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

Series: Hart Studies in Comparative Public Law

The Role of Monarchy in Modern Democracy: European Monarchies Compared ISBN 9781509931019
To be published August 2020
Hart Publishing
Australian Constitutional Values
Edited by: Rosalind Dixon
ISBN 9781509939510
To be published June 2020
Hart Publishing
Governance by Numbers: The Making of a Legal Model of Allegiance
Alain Supiottranslated by Saskia Brown
ISBN 9781509936977
Published March 2020
Hart Publishing
The Federal Idea: Public Law Between Governance and Political Life ISBN 9781509935673
Published December 2019
Hart Publishing
Principled Reasoning in Human Rights Adjudication ISBN 9781509931323
Published August 2019
Hart Publishing
Legitimate Expectations in the Common Law World ISBN 9781509929733
Published May 2019
Hart Publishing
Regulation in India: Design, Capacity, Performance ISBN 9781509927562
Published April 2019
Hart Publishing
Regulation in India: Design, Capacity, Performance (eBook) ISBN 9781509927739
Published April 2019
Hart Publishing
£85.50 + £17.10 VAT
(ePub)
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Trial by Jury and Counter-Terrorism ISBN 9781849465397
Published August 2018
Hart Publishing
Publication Abandoned
Soft Law and Public Authorities: Remedies and Reform ISBN 9781509922062
Published May 2018
Hart Publishing
£63.00 + £12.60 VAT
(ePub)
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Administrative Law and Judicial Deference ISBN 9781509921133
Published April 2018
Hart Publishing
Australian Constitutional Values ISBN 9781509918409
Published February 2018
Hart Publishing
Australian Constitutional Values (eBook) ISBN 9781509918416
Published February 2018
Hart Publishing
£76.50 + £15.30 VAT
(ePub)
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Entick v Carrington: 250 Years of the Rule of Law ISBN 9781509918324
Published December 2017
Hart Publishing
Governance by Numbers: The Making of a Legal Model of Allegiance ISBN 9781509907748
Published November 2017
Hart Publishing
£45.00 + £9.00 VAT
(ePub)
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The Right to Freedom of Assembly: A Comparative Study ISBN 9781509916016
Published August 2017
Hart Publishing
The Federal Idea: Public Law Between Governance and Political Life (eBook)
Edited by: Amnon Lev
ISBN 9781509907120
Published August 2017
Hart Publishing
£31.50 + £6.30 VAT
(ePub)
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The Federal Idea: Public Law Between Governance and Political Life
Edited by: Amnon Lev
ISBN 9781509907113
Published August 2017
Hart Publishing
£45.00 + £9.00 VAT
(ePub)
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£36.00 + £7.20 VAT
(ePub)
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£31.50 + £6.30 VAT
(ePub)
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Principled Reasoning in Human Rights Adjudication ISBN 9781782259817
Published April 2017
Hart Publishing
Principled Reasoning in Human Rights Adjudication (eBook) ISBN 9781782259824
Published April 2017
Hart Publishing
£31.50 + £6.30 VAT
(ePub)
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£31.50 + £6.30 VAT
(ePub)
Buy
Legitimate Expectations in the Common Law World ISBN 9781849467780
Published January 2017
Hart Publishing
Legitimate Expectations in the Common Law World (eBook) ISBN 9781509909506
Published January 2017
Hart Publishing
£36.00 + £7.20 VAT
(ePub)
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Soft Law and Public Authorities: Remedies and Reform (eBook) ISBN 9781782256892
Published February 2016
Hart Publishing
£30.58 + £6.12 VAT
(ePub)
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Soft Law and Public Authorities: Remedies and Reform ISBN 9781782256885
Published February 2016
Hart Publishing
£35.08 + £7.02 VAT
(ePub)
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Administrative Law and Judicial Deference ISBN 9781849462778
Published January 2016
Hart Publishing
Administrative Law and Judicial Deference (eBook) ISBN 9781782253365
Published January 2016
Hart Publishing
£30.58 + £6.12 VAT
(ePub)
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Entick v Carrington: 250 Years of the Rule of Law (eBook) ISBN 9781509901944
Published September 2015
Hart Publishing
£28.78 + £5.76 VAT
(ePub)
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Entick v Carrington: 250 Years of the Rule of Law ISBN 9781849465588
Published September 2015
Hart Publishing
£26.08 + £5.22 VAT
(ePub)
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The Right to Freedom of Assembly: A Comparative Study ISBN 9781849467216
Published May 2015
Hart Publishing
The Right to Freedom of Assembly: A Comparative Study (eBook) ISBN 9781782259862
Published May 2015
Hart Publishing
£31.48 + £6.30 VAT
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£34.18 + £6.84 VAT
(ePub)
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Human Rights Acts: The Mechanisms Compared (eBook) ISBN 9781782254843
Published January 2015
Hart Publishing
£39.58 + £7.92 VAT
(ePub)
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Human Rights Acts: The Mechanisms Compared ISBN 9781849460965
Published January 2015
Hart Publishing
The Use of Foreign Precedents by Constitutional Judges ISBN 9781849466592
Published June 2014
Hart Publishing
Constitutionalising Secession (eBook) ISBN 9781782253310
Published February 2014
Hart Publishing
£72.00 + £14.40 VAT
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Constitutionalising Secession ISBN 9781849464376
Published February 2014
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Israeli Constitutional Law in the Making (eBook) ISBN 9781782251859
Published October 2013
Hart Publishing
£108.00 + £21.60 VAT
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Israeli Constitutional Law in the Making ISBN 9781849464093
Published October 2013
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The Use of Foreign Precedents by Constitutional Judges (eBook) ISBN 9781782251019
Published March 2013
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£72.00 + £14.40 VAT
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The Use of Foreign Precedents by Constitutional Judges ISBN 9781849462716
Published March 2013
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