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Landry J: From Catwalk to Courtroom

From Catwalk to Courtroom

Schriften zum Recht der Digitalisierung

Communication platforms such as Facebook, Instagram, TikTok, X, and YouTube have become central arenas of public opinion formation. Their operators moderate millions of items of user-generated content every day on the basis of privately drafted terms of service, removing not only unlawful but also lawful content protected by fundamental rights. Jonas Hiller examines under which conditions and to what extent such moderation is permissible.
 

 The legal framework is provided by the Digital Services Act (DSA), in force since 2024, whose moderation-related due diligence obligations are first systematically analyzed. Building on this, the author develops standards for reviewing both the exercise and the substantive content of privately autonomous moderation decisions, as well as their effects under private law. He also examines the scope for national regulation that remains under the fully harmonizing DSA.
 

 The study demonstrates that the DSA leads to a constitutionalization of the platform user agreement without entirely eliminating private autonomy. In their moderation practices, platform operators become bound by fundamental rights and rule-of-law principles. While they retain broad discretion in designing their terms of service, the application and enforcement of those terms in individual cases are subject to stricter scrutiny. Key criteria for this graduated intensity of review are market power, user dependency, and a platform's function as a public forum.
 

 The study also critically assesses the DSA's fully harmonizing effect, arguing that the regulation of the digital public sphere touches upon the cultural sovereignty and democratic identity of the Member States. Rather than preserving national regulatory discretion, the fully harmonizing nature of EU law results in a Europeanization of freedom of expression in the digital sphere.

Die Moderation rechtmäßiger Inhalte auf Kommunikationsplattformen

Cambridge Studies on Governing Knowledge Commons

Governing Educational Technology in Schools and Universities

Commonwealth Caribbean Law

Commonwealth Caribbean Criminal Law is a comprehensive guide to criminal law, covering the jurisdictions of Barbados, Jamaica, Trinidad &amp; Tobago, the Bahamas, and Belize, with reference also to other jurisdictions such as Guyana and the OECS member states. Written by established lecturers at the University of the West Indies, this text is an essential guide for all students of criminal law in the region.

Commonwealth Caribbean Criminal Law

Routledge Handbooks in Law

This book provides a comprehensive examination of the foundations, evolution, and future of international refugee law, focusing on the 1951 Refugee Convention and its 1967 Protocol. It explores pressing contemporary challenges such as climate-induced displacement, LGBTQ+ and religion-based asylum claims, digitalisation, regional refugee protection regimes, and the lived experiences of displaced communities across Europe, Asia, Africa, Latin America, and beyond. The volume features insights from leading and emerging scholars and practitioners across law, political science, and related disciplines, presenting an interdisciplinary approach that combines doctrinal analysis with a timely, fresh, and authoritative assessment of the changing landscape of refugee protection.Designed for students, academics, researchers, legal practitioners, and humanitarian professionals, this collection provides rigorous analysis of legal principles alongside regional case studies-including the Rohingya in Bangladesh, Afghan and Syrian refugees in the United Kingdom, Ukrainians in Poland, and Venezuelans across Latin America and the Caribbean. This approach bridges the gap between legal doctrine and practice. Critically evaluating the strengths and limitations of the existing international refugee law framework, it equips readers with the knowledge and analytical tools needed to contribute to more effective and inclusive refugee protection regimes.

Routledge Handbook of International Refugee Law

Routledge Research in Media Law

This book considers whether news gatherers should be required to disclose the identity of anonymous sources used in their stories by courts or other bodies. The vast majority of media self-regulatory codes impose an obligation not to disclose the identity of such sources, but many legal systems have traditionally been reluctant to offer such a degree of protection to anonymous sources, or any at all. However, the latter part of the twentieth century and early twenty-first century has seen an explosion in the number of such 'source protection' laws, and much judicial and legislative activity to change existing laws.Drawing on media and communications theories the book identifies a number of different theoretical justifications for source protection laws and analyzes whether the application of existing laws are consistent with any of these theories. Using legal materials and codes from a wide variety of countries it considers whether there are any noticeable trends in how different countries address this issue. It explores the influence of the United States and the European Court of Human Rights' jurisprudence on the matter beyond their jurisdictions, and asks the question whether this is an area of law captured by 'globalisation,' or whether countries with different constitutional and media traditions have developed different approaches to 'source protection.'Finally having assess the arguments in support of source protection laws Damian Carney puts forward a model clause and model shield law for the protection of anonymous sources which is theoretically and practically robust.

This book considers whether news gatherers should be required to disclose the identity of anonymous sources used in their stories by courts or other bodies.

A Comparative, Theoretical and Critical Analysis

Journalists, Anonymous Sources and the Law

Modern Studies in European Law

This book provides an in-depth analysis of the scope and the limits of the EU regulation of the audiovisual media market, including broadcasting or other audiovisual services, but also image, sound and data storage media, and commercial communication.

This book provides an in-depth analysis of the scope and the limits of the EU regulation of the audiovisual media market, including broadcasting or other audiovisual services, but also image, sound and data storage media, and commercial communication.

Media Law and Market Regulation in the European Union

The edited volume examines how legal, technical, economic, and ethical norms governing the use of artificial intelligence emerge, interact, and stabilize. It is based on the premise that AI regulation cannot be understood as a self-contained field of technology law, but rather constitutes a complex ordering task shaped by the interplay of horizontal European regulation, sector-specific regimes, research ethics, and processes of standardization. The focus lies on the implementation of the European AI Act and its relationship to data protection law, financial market law, and the EU framework for corporate data. Theoretically, the contributions draw on regulatory and governance research, theories of normativity, and debates on technology-induced norm formation ("code is law"). Methodologically, the volume combines doctrinal and comparative legal analysis with perspectives from technology studies, economics, and the social sciences. It examines the AI Act, data protection and financial market law, as well as de facto processes of norm formation by market actors, standardization bodies, and research institutions. It reconstructs the forms, functions, and addressees of the AI normative order and analyzes the interplay of legal rules, technical standards, economic incentives, and ethical guidelines. Part I analyzes the risk-based regulation of the digital space, Part II sector-specific regimes in the financial market and the relationship between horizontal regulation and supervision, and Part III research ethics and standardization. The volume conceptualizes the AI normative order as a multi-layered framework and provides a foundation for future regulation in Europe.

Entstehung, System und Durchsetzung

Normordnung Künstlicher Intelligenz

Routledge Handbook on Food Sustainability Law

How Terms of Service Reshaped Society, the Economy, and Our Future

Death by a Thousand Clicks

Should we give up privacy to fight disease, for national security, or to help train AI systems? Recent crises, from the Covid-19 pandemic to the Russian invasion of Ukraine, from Gaza and Afghanistan to the seemingly unstoppable rise of AI, have put privacy under severe pressure. Privacy in Crisis argues the opposite: these crises show that privacy needs to be protected even more. Privacy in Crisis looks at vital current issues: at political manipulation and misinformation, government surveillance, racial tension, hybrid and cyberwarfare (and real wars, such as those in Ukraine and Gaza), the overwhelming power of the internet giants, and surveillance society, and how interference with privacy is key in all of them. It shows how specific crises bring many of these issues together in perfect storms of privacy invasion. The different threats to our privacy revealed by these crises tell parallel stories and are inextricably linked. There are common themes and common technologies - the threats involve the same data, the same profiling systems and the same approaches. In many cases the systems are run or owned by the same small set of companies, controlled by the same few people. Addressing them is difficult but possible - this essential book outlines how.

Law and Policy in Times of Extremism, Pandemics, and War

Privacy in Crisis

Lloyd's Shipping Law Library

Ship Sale and Purchase is the essential working guide for anyone involved in the business of making ship sale and purchase agreements and also in the resolution of disputes arising out of such agreements.The eighth edition of Ship Sale and Purchase contains a detailed clause-by-clause analysis of Saleform 2025, the latest version of the longstanding standard form produced by the Norwegian Shipbrokers' Association. It also identifies and explains the differences between the new form and Saleform 2012 (as well as providing commentary on different approaches taken by the other standard ship sale agreements). Written by renowned experts in this specialised area, the book updates and informs readers on all aspects of the regulatory environment affecting ship sale and purchase, the contemporary process and practice of buying and selling ships, and key court decisions that have directly impacted ship sales. As with previous editions, Ship Sale and Purchase continues to provides authoritative legal analysis, market insight and practical guidance for all those involved in the business of buying and selling second-hand ships.

Ship Sale and Purchase

From Catwalk to Courtroom

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