Short description:

This 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.

Long description:

This 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.

?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!?

Table of Contents:

Contents:

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
Bego?a 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