Description
Book SynopsisThis timely book untangles the digital media jurisprudence of supranational courts in Europe with a focus on the CJEU and the ECtHR. It argues that in the face of regulatory tension and uncertainty, courts can have a strong bearing on the applicable rules and standards of digital media.
Chapters written by expert contributors explore the interpretative steps taken by the CJEU and the ECtHR to solve arising legal issues, shedding light on their interpretation and refinement of the applied rules. The book provides fresh insights into the effects of European adjudication on the content and scope of the rules enforced and examines the ways in which the two European courts address the specificities of digitalization and digital media in their rulings. It also addresses the process of defining the constitutional boundaries of digital media and the exercise of rights and freedoms therein, focusing on digital media and the distinct challenges posed by digitalization and digital communication.
Digital Media Governance and Supranational Courts will be a key resource for academics and scholars of European and Constitutional law, fundamental rights and digital transformation, as well as for students seeking a better understanding of the contribution of the CJEU and the ECtHR to digital media governance.
Trade Review‘Courts are often forgotten in existing debates on digital media, regulation and governance. However, courts are playing an increasingly important role in this discussion. With this book, Evangelia Psychogiopoulou and Susana de la Sierra address this gap in the legal literature and bring together a number of leading scholars to discuss digital media in the jurisprudence of supranational courts in Europe. This is an essential book for practicing lawyers, judges, regulators, and legal scholars interested in digital media. A must-read!’ -- Sofia Ranchordas, University of Groningen, The Netherlands and LUISS Guido Carli, Italy<
‘This book is a fresh, insightful contribution to the literature on digital media law. In the context of increasing regulations aimed at addressing the challenges of digitalization, the legal framework has evolved rapidly, becoming highly complex and expansive. The authors advocate that courts play a vital role in interpreting, applying, and even defining the application of rules and standards in digital media disputes. The paramount value of the jurisprudence of supranational courts in Europe to mold digital media law has not been acknowledged sufficiently to date. This book, under a masterly editorial duo, sheds light on this fundamental angle of digital media governance. It is an essential and inspiring read.’ -- Teresa Rodríguez de las Heras Ballell, Universidad Carlos III de Madrid, Spain
‘From taxation and intellectual property to privacy and data protection and from cyber-violence to freedom of expression and information, this book shows in a granular manner the ways in which the two European Courts, Luxembourg and Strasbourg, strive to fine-tune the operation of digital media. It is a remarkable contribution to the “dialogue des juges” literature, to the interaction between legislature and the judiciary and to the quest of new principles for navigating our digital environment. Highly informative, instructive and enjoyable.’ -- Vassilis Hatzopoulos, Panteion University, Greece
Table of ContentsContents: 1 European Supranational Courts and Judicial Decision-Making in the Era of Digitalisation 1 Evangelia Psychogiopoulou and Susana de la Sierra 2 European Courts as Digital Media Regulators 17 Susana de la Sierra 3 Taxation of Digital Business and Social Media: Contribution of the Court of Justice to the Compatibility with EU Fundamental Freedoms 36 Begoña Pérez Bernabeu 4 In Tech we Trust? Fixing the Evolutionary Interpretation by the Court of Justice of the Prohibition of General Monitoring in the Era of Automated Content Moderation 53 Valentina Golunova 5 Judicial Interactions with the Court of Justice and the Application of the Right to be Forgotten by National Courts 72 Federica Casarosa 6 Copyright and Freedom of Expression in the Digital Age: Unravelling the Complexities of Fundamental Rights Analysis by the Court of Justice 91 Evangelia Psychogiopoulou 7 Freedom of Expression in the Digital Environment: How the European Court of Human Rights has Contributed to the Protection of the Right to Freedom of Expression and Information on the Internet 112 Dirk Voorhoof 8 New Technologies and Public Watchdogs Before the European Court of Human Rights: Reflections on European Supranational Litigation 137 Kristina Cendic and Gergely Gosztonyi 9 State Obligations Regarding Online Gender-Based Violence: A Moving Puzzle 155 Gloria González Fuster 10 European Policymaking on Disinformation and the Standards of the European Court of Human Rights 174 Iva Nenadić and Sofia Verza 11 Fundamental Rights Adjudication by European Supranational Courts in Digital Media Cases 197 Domenico Rosani and Clara Rauchegger Index
