Intermediary Liability and Fundamental Rights
in: Giancarlo Frosio (ed.), The Oxford Handbook of Intermediary Liability Online (OUP, 2020), p. 138
24 Pages Posted: 28 Jun 2019 Last revised: 29 May 2020
Date Written: July 15, 2019
This chapter of the Oxford Handbook of Online Intermediary Liability sets the stage for considering the tension between intermediary liability and fundamental rights with special emphasis on the European legal framework. Competing fundamental rights, such as freedom of expression, privacy, freedom of business and the right to property are entangled into the intermediary liability conundrum. Policy makers are still in search of a balanced and proportional fine tuning of online intermediaries’ regulation that might address the miscellaneous interests of all stakeholders involved, with special emphasis on users’ rights. In this context, the increasing reliance on automated enforcement technologies, which will be the topic of further review in multiple chapters throughout the Handbook, might set in motion dystopian scenarios where users’ fundamental rights are heavily undermined.
Keywords: European Intellectual Property Law, Online Service Providers, IP owners, Users' Rights
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