{"title":"Preventive content blocking and freedom of expression in the European law – conflict or symbiosis?","authors":"Ewa Milczarek","doi":"10.1080/17577632.2021.2006962","DOIUrl":null,"url":null,"abstract":"ABSTRACT Social networking sites are currently an important element of community, economic and political life. This means that a legal framework that would guarantee freedom of expression on the one hand and protection against defamation on the other must be created. The 2019 CJEU judgement in the Glawischnig-Piesczek (C-18/18) case provides another tool to control the content uploaded to social networking sites by allowing states to require the removal of information that is equivalent to the content previously declared unlawful. The aim of this paper is to analyse preventive content blocking in terms of its relation with freedom of expression. The paper ultimately intends to determine whether this tool stays in conflict with this freedom thus violating its essence or whether it rather stays in a symbiosis with it, allowing the functioning of a public debate free from distorting phenomena of hate speech and hate comment.","PeriodicalId":37779,"journal":{"name":"Journal of Media Law","volume":null,"pages":null},"PeriodicalIF":0.0000,"publicationDate":"2021-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"1","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Journal of Media Law","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1080/17577632.2021.2006962","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"Social Sciences","Score":null,"Total":0}
引用次数: 1
Abstract
ABSTRACT Social networking sites are currently an important element of community, economic and political life. This means that a legal framework that would guarantee freedom of expression on the one hand and protection against defamation on the other must be created. The 2019 CJEU judgement in the Glawischnig-Piesczek (C-18/18) case provides another tool to control the content uploaded to social networking sites by allowing states to require the removal of information that is equivalent to the content previously declared unlawful. The aim of this paper is to analyse preventive content blocking in terms of its relation with freedom of expression. The paper ultimately intends to determine whether this tool stays in conflict with this freedom thus violating its essence or whether it rather stays in a symbiosis with it, allowing the functioning of a public debate free from distorting phenomena of hate speech and hate comment.
期刊介绍：
The only platform for focused, rigorous analysis of global developments in media law, this peer-reviewed journal, launched in Summer 2009, is: essential for teaching and research, essential for practice, essential for policy-making. It turns the spotlight on all those aspects of law which impinge on and shape modern media practices - from regulation and ownership, to libel law and constitutional aspects of broadcasting such as free speech and privacy, obscenity laws, copyright, piracy, and other aspects of IT law. The result is the first journal to take a serious view of law through the lens. The first issues feature articles on a wide range of topics such as: Developments in Defamation · Balancing Freedom of Expression and Privacy in the European Court of Human Rights · The Future of Public Television · Cameras in the Courtroom - Media Access to Classified Documents · Advertising Revenue v Editorial Independence · Gordon Ramsay: Obscenity Regulation Pioneer?
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