Escaping the Slippery Slope: Freedom of Expression and Cyberspace Regulation after the Delfi Case
View / Open Files
Authors
Georgaki, Konstantina
Giakoumakis, Emmanuel
Rollo, Alessandro
Publication Date
2016-01-01Journal Title
CUSPE Communications
Publisher
CUSPE
Language
English
Type
Working Paper
Metadata
Show full item recordCitation
Georgaki, K., Giakoumakis, E., & Rollo, A. (2016). Escaping the Slippery Slope: Freedom of Expression and Cyberspace Regulation after the Delfi Case. CUSPE Communications https://doi.org/10.17863/CAM.25630
Abstract
In June 2015, the European Court of Human Rights delivered the final judgment in the Delfi case, where it upheld the decision of an Estonian court to fine a news portal for hosting anonymous defamatory comments. This controversial judgment has a chilling effect on freedom of expression in cyberspace and paves the way for a slippery slope leading to online censorship. The key policy issue is striking a balance between freedom of expression and other protected interests, including privacy, reputation and national security. This paper argues that holding Internet Service Providers (ISPs) liable for third-party content places a disproportionate burden on them and destabilises the architecture of Web 2.0 to the detriment of human rights. To this end, we argue that a new regulatory approach is necessary to address the rights of ISPs in the attempt to balance freedom of expression with new developments in the need for protection of personal data.
Identifiers
This record's DOI: https://doi.org/10.17863/CAM.25630
This record's URL: https://www.repository.cam.ac.uk/handle/1810/278282
Statistics
Total file downloads (since January 2020). For more information on metrics see the
IRUS guide.
Recommended or similar items
The current recommendation prototype on the Apollo Repository will be turned off on 03 February 2023. Although the pilot has been fruitful for both parties, the service provider IKVA is focusing on horizon scanning products and so the recommender service can no longer be supported. We recognise the importance of recommender services in supporting research discovery and are evaluating offerings from other service providers. If you would like to offer feedback on this decision please contact us on: support@repository.cam.ac.uk