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The Rule of Law in Cyberspace

Edited by: Carlos Blanco de Morais, Gilmar Ferreira Mendes, Thomas Vesting

ISBN13: 9783031073762
Published: September 2022
Publisher: Springer International
Country of Publication: Switzerland
Format: Hardback
Price: £89.99



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The rule of law in cyberspace currently faces serious challenges. From the democratic system to the exercise of fundamental rights, the Internet has raised a host of new issues for classic legal institutions. This book provides a valuable contribution to the fields of international, constitutional and administrative law scholarship as the three interact in cyberspace.The respective chapters cover topics such as the notion of digital states and digital sovereignty, jurisdiction over the Internet, e-government, and artificial intelligence. The authors are eminent scholars and international experts with a profound knowledge of these topics. Particular attention is paid to the areas of digital democracy, digital media and regulation of the digital world.

The approach employed is based on a comparative perspective from Germany, the Netherlands, Italy, Portugal and Brazil. One particular focus is on how various legal systems are coping with increasing difficulties in the exercise of democracy with regard to disinformation and hate speech. The roles of legislators, the judicial system and public administrations are analysed in the light of the latest cases, conflicts and technologies.

In addition to this comparative approach, the book explores the evolution of rule of law in cyberspace and the upcoming new legal regimes in the European Union and Brazil. Special care is taken to offer a critical review of both the literature and the latest legal solutions adopted and being considered regarding the regulation of cyberspace from a constitutional and administrative perspective.

Given its scope, the book will be of interest to researchers and scholars in the field of digital law whose work involves constitutional problems in cyberspace and/or practical problems concerning the regulation of social networks and online commerce.

Subjects:
IT, Internet and Artificial Intelligence Law
Contents:
Part I. Introduction
Introduction
Part II. Democratic Constitutionalism in Cyberspace
Digital Democracy: a Threat to the Democratic System or Oxygenation of Tepresentative Democracy and Free Speech
Digital Constitutionalism and Constitutional Jurisdiction: a Research Agenda for the Brazilian Case
The Crisis of the Representative Democracy in View of Digital Democracy
Rule of Law, Democracy and New Technologies
Freedom, Democracy, Digital Government and Human Development
The Impact of Artificial Intelligence on the Structures of the Modern Public Sphere
The Digitization of Government and Digital Exclusion
Part III. The Threat of Fake News
Fake News and the 2018 Brazilian Presidential Election
Political Speech, Freedom of Expression and Fake News
Justice in the 2018 Presidential Elections
Disinformation and Journalism
Part IV. The Role of Social Networks
Social Networks. Terms and Conditions - Code - Community Standards
Social networks and the Exercise of Fundamental Rights
Freedom of Expression in the Age of Digital Platforms
Online Hate Speech and the Role of Digital Platforms: What are the Prospects for Freedom of Expression?
Hate Speech and Social Networks
Models of LegalLliability for Social Networks
Self-regulation and Public Regulation of Social Networks in Portugal
"Cyber Courts" for Social Media as a New Institutional Dimension of Media Freedom?