Problems with Filters in the European Commission’s Platforms Proposal – Daphne Keller

13 10 2017

Earlier I posted about the European Commission’s Communication on Illegal Content Online. I said it dangerously over-estimated the power of procedural mechanisms like counter-notice to get legal speech back online once platforms take it down. Read the rest of this entry »





Counter-Notice does not fix over-removal of online speech – Daphne Keller

10 10 2017

The European Commission recently released a Communication on Tackling Illegal Content Online. It concludes that platforms have a responsibility to develop filtering technologies, in order to identify illegal content ranging from copyright infringement to hate speech. Read the rest of this entry »





Can a New Broadcasting law in Europe make internet hosts monitor their users? – Daphne Keller

9 06 2016

Audiovisuals-570The European Commission is making major steps forward in its new Digital Single Market strategy. One important part, the Platform Liability consultation, pointedly asked whether Internet intermediaries should “do more” to weed out illegal or harmful content on their platforms – in other words, to proactively police the information posted by users. Last month the Commission delivered part of its answer. Read the rest of this entry »





Policy Debates over EU Platform Liability Laws: New Human Rights Case Law in the Real World – Daphne Keller

24 04 2016

European-Court-of-Human-RightsThis is the last of four posts on the European Court of Human Rights’ (ECHR) rulings in Delfi v. Estonia and MTE v. Hungary. In both cases, national courts held online news portals liable for comments posted by their users – even though the platforms did not know about the comments. Those rulings effectively required platforms to monitor and delete users’ online expression in order to avoid liability. Read the rest of this entry »





Litigating Platform Liability in Europe: New Human Rights Case Law in the Real World – Daphne Keller

22 04 2016

internetThis is the third of four posts on the European Court of Human Rights’ (ECHR) rulings in Delfi v. Estonia and MTE v. Hungary. In both cases, national courts held online news portals liable for comments posted by their users – even though the platforms did not know about them. Read the rest of this entry »





Policing online comments in Europe: New Human Rights Case in the Real World – Daphne Keller

21 04 2016

ARCHITECTURE STOCKThis is the second of four posts on real-world consequences of the European Court of Human Rights’ (ECHR) rulings in Delfi v. Estonia and MTE v. Hungary. Both cases arose from national court rulings that effectively required online news portals to monitor users’ speech in comment forums. Read the rest of this entry »





New Intermediary Liability from the Court of Human Rights, What will they mean in the real world? – Daphne Keller

19 04 2016

DelfiLast summer, the Grand Chamber of the European Court of Human Rights (ECHR) delivered a serious setback to free expression on the Internet. The Court held, in Delfi v. Estonia, that a government could compel a news site to monitor its users’ online comments about articles. Read the rest of this entry »