Algorithms and Fundamental Rights: The Case of Automated Online Filters

Journal of Liberty and International Affairs | Volume 7 · Number 3 · Supp. 1 · 2021 | eISSN 1857-9760

12 Pages Posted: 5 Jan 2022

See all articles by Matija Damjan

Matija Damjan

Institute for Comparative Law at the Faculty of Law in Ljubljana; University of Ljubljana - Faculty of Law

Date Written: September 16, 2021

Abstract

The information that we see on the internet is increasingly tailored by automated ranking and filtering algorithms used by online platforms, which significantly interfere with the exercise of fundamental rights online, particularly the freedom of expression and information. The EU‟s regulation of the internet prohibits general monitoring obligations. The paper first analyses the CJEU‟s case law which has long resisted attempts to require internet intermediaries to use automated software filters to remove infringing user uploads. This is followed by an analysis of article 17 of the Directive on Copyright in the Digital Single Market, which effectively requires online platforms to use automated filtering to ensure the unavailability of unauthorized copyrighted content. The Commission‟s guidance and the AG‟s opinion in the annulment action are discussed. The conclusion is that the regulation of the filtering algorithms themselves will be necessary to prevent private censorship and protect fundamental rights online.

Keywords: Algorithms; Content Recognition; Upload Filters; Censorship; Human Rights; Intermediary Liability; AI

JEL Classification: K10, K13, K14, K19

Suggested Citation

Damjan, Matija, Algorithms and Fundamental Rights: The Case of Automated Online Filters (September 16, 2021). Journal of Liberty and International Affairs | Volume 7 · Number 3 · Supp. 1 · 2021 | eISSN 1857-9760, Available at SSRN: https://ssrn.com/abstract=4000807

Matija Damjan (Contact Author)

Institute for Comparative Law at the Faculty of Law in Ljubljana ( email )

Poljanski nasip 2
Ljubljana, SI-1000
Slovenia

University of Ljubljana - Faculty of Law ( email )

Poljanski nasip 2
Ljubljana, SI-1000
Slovenia

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