Tag Archives: christina angelopoulos

The Centre’s researchers ‘on tour’ this summer

Freedom of Expression conference South Korea 14-06-16 web 2

Members of the Information Law and Policy Centre will be sharing their research and expertise at several international events over the coming week.

Centre Director Dr Judith Townend visited Japan to present on social media law in the UK at the annual International Communications Association conference in Fukuoka on Saturday. She visited Seoul this week to participate in the following events:

  • Tuesday 14th June: Freedom of Expression with Regard to Terror, Right to be Forgotten & Social Media, Chung Ang Law School
  • Thursday 16th June: Media Law Forum, Korean Press Arbitration Commission

Meanwhile Dr Christina Angelopoulos was in Brussels last week at EuroDig 2016. The event, organised by the European Dialogue on Internet Governance, focused on topics around “Embracing the digital (r)evolution”.

She participated in a panel session on “The rules in the digital world – economy v human rights” and was a ‘key participant’ in a session on “Intermediaries and human rights – between co-opted law enforcement and human rights protection”.

On Thursday 16th June, Christina will be contributing to a workshop organised by Marietje Schaake MEP on: “Privatising the rule of law online? Freedom of speech, copyright and platforms in the digital single market”. She will be speaking on a panel discussing privatised law enforcement and copyright enforcement.

Do introduce yourself to Judith or Christina if you are attending the events this Thursday and you are interested in their work. You can also contact them on Twitter: @jtownend and @cjangelopoulos.

Notice-and-Fair-Balance: the Law of Fundamental Rights in European Intermediary Liability

On 11 April 2016, Christina Angelopoulos of the Information Law and Policy Centre, Institute for Advanced Legal Studies and Stijn Smet of the Human Rights Centre, Ghent University gave a presentation at the BILETA Conference (which took place this year at the University of Hertfordshire) on their paper entitled “Notice-And-Fair-Balance: the Law of Fundamental Rights in European Intermediary Liability”.

The abstract of the presentation (which can be found on the BILETA website here) is as follows:

Abstract

Notice-and-action has been the preferred answer to questions of intermediary liability for alleged unlawful online information for over 15 years: first adopted, in the form of “notice-and-takedown”, in the US in 1998 as part of the DMCA safe harbours , the concept quickly spread across the globe in a variety of different mutations, including “notice-and-notice” (adopted in Canada), “notice-and-disconnection” (pioneered in France), notice-and-stay-down (still popular in Germany), “notice-and-judicial-take-down” (encountered in Chile) and notice-wait-and-takedown (a Japanese invention).

Following the general trend, the EU introduced a basic “notice-and-takedown” regime in 2000 by means of the hosting immunity of Article 14 of the E-Commerce Directive. While this provision has proven undoubtedly useful, it is also sparse on the details, creating legal uncertainty and undermining its harmonising power. In addition, it applies horizontally, i.e. to all areas of law, leaving no room for appropriate gradations. As a result of its alleged shortcomings, calls to reformulate the E-Commerce system into a more elaborate notice-and-action procedure have been made. These calls seem to have found the Commission’s ear: a series of Communications (most recently in December 2015 on “a modern, more European copyright framework”) show the EU’s interest in developing a more intricate European notice-and-action system.

At the same time, the European discussion on intermediary liability has moved from the dissection of processes to the analysis of their relationship with underlying law. Particular emphasis has herein been placed on the relevance of fundamental rights. The question of intermediary liability for users’ activities of copyright infringement, defamation, hate speech or child pornography has been reinterpreted as a quintessential question of fundamental rights clashes. The notion of a “fair balance” between competing fundamental rights has emerged as central to addressing such clashes in the relevant case law of Europe’s highest courts – the CJEU and the ECtHR. Although the amassing case law has begun to put some flesh on the bones of the once skeletal references to this “fair balance”, considerable gaps remain, while no general standard is discernible.

Based on the authors’ PhD projects, respectively on the harmonisation of European intermediary liability and the resolution of conflicts between human rights, this paper shall aim to bring some much-needed clarity to the debate by answering the following questions: where might the fair balance lie in intermediary liability cases and can notice-and-action measures help secure that balance? To this end, we will first provide legal theoretical insights on the precise meaning of the notion “fair balance”. We will argue that achieving a “fair balance” in intermediary liability cases requires a search for a viable compromise between all fundamental rights at stake, instead of a solution under which one right “trumps” the others. Having set the theoretical stage, we will then proceed to examine various notice-and-action mechanisms to determine whether or not they contribute to reaching the desired compromise. In doing so, we will differentiate between distinct situations, arguing – for instance – that notice-and-notice suffices in copyright cases, while notice-and-takedown is suitable for defamation cases and a no notice/automatic takedown obligation is appropriate for child pornography.

The slides are available below.

Bileta – Smet Angelopoulos

The full paper will be published later this year.

MTE v Hungary: New ECtHR Judgment on Intermediary Liability and Freedom of Expression

Christina Angelopoulos is a post-doc researcher at the Information Law and Policy Centre of the University of London. She wrote her PhD on intermediary liability in copyright at the Institute for Information Law (IViR) of the University of Amsterdam. In the following piece, she analyses the recent judgment of the ECtHR in MTE v Hungary. The post was originally published on the Kluwer Copyright Blog.

On 2 February 2016, the European Court of Human Rights (ECtHR) delivered its first post-Delfi judgment on the liability of online service providers for the unlawful speech of others. Somewhat puzzlingly, the Court reached the opposite conclusion from that of last summer’s controversial Grand Chamber ruling, this time finding that a violation of Article 10 of the European Convention on Human Rights (ECHR) had occurred through the imposition of liability on the applicant providers. While in principle therefore the judgment is good news for both internet intermediaries and their end-users, the ruling does little to dispel the legal uncertainty that plagues the area: attempting to reverse and head off in the right direction, the Court still finds itself falling over the stumbling blocks it set out for itself last year. [To continue reading the rest of the post on the Kluwer Copyright Blog, click here.]