Freedom of Expression and Platform Liability

This book examines the relationship between intermediary liability, freedom of expression, and effective remedies in the digital environment. Drawing on the jurisprudence of the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR), it explores the legal principles that shape platform responsibility and content moderation, placing recent developments within the broader framework of European fundamental rights protection.
At the heart of the analysis are two innovative review mechanisms: Meta’s Oversight Board and the Appeals Centre Europe, an out-of-court dispute settlement body established under the Digital Services Act (DSA). The book critically assesses whether these bodies can provide safeguards traditionally associated with judicial remedies, including independence, transparency, legitimacy, accountability, and accessibility.
Through a detailed examination of institutional design and key content moderation decisions, particularly in the area of hate speech, the study reveals both the potential and the structural limitations of private and hybrid remedial mechanisms. In doing so, it makes an important contribution to ongoing debates on intermediary liability, platform governance, digital constitutionalism, and the protection of fundamental rights online.
A valuable resource for scholars, practitioners, policymakers, and advanced students working in the fields of EU digital regulation, freedom of expression, and platform governance.