Dr Maria Tzanou took part in a webinar jointly hosted by the City Law School, ISEL and ILAG
Dr Maria Tzanou took part in a webinar jointly hosted by the City Law School, ISEL and ILAG, on the topic: The Law of Facebook: Borders, Regulation and Global Social Media - Assessing the Limits to the Law on Facebook.
Maria asks are there any limits to the Law of Facebook? How can these be framed? The CJEU’s Glawischnig-Piesczek v. Facebook judgment dealt with the removal of certain defamatory content from Facebook under Directive 2000/31/EC. Two main issues arose in this decision: the type of contents that can be removed by platforms such as Facebook and the range of application of EU law. Taking this decision as starting point, this contribution will focus on the problem of privatisation of fundamental rights enforcement. I will discuss two points in this respect.
First, Maria argued that the position of the state -its presence or absence- as well as the distance it assumes from the Internet platform matter, i.e. court injunctions are different from removal requests based on Facebook’s community standards.
Second, the debate on online adjudication by Internet platforms should not be framed in terms of constitutional law or fundamental rights. Internet companies or indeed computer programmes, algorithms and AI cannot be granted de facto powers of constitutional courts.
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