Comparative Privacy and Defamation
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Comparative Privacy and Defamation

Edited by András Koltay and Paul Wragg

Providing comparative analysis that examines both Western and non-Western legal systems, this wide-ranging Handbook expands and enriches the existing privacy and defamation law literature and addresses the fundamental issues facing today’s scholars and practitioners. Comparative Privacy and Defamation provides insightful commentary on issues of theory and doctrine, including the challenges of General Data Protection Regulations (GDPR) and the impact of new technologies on the law.
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Chapter 18: Defamation on the internet: the role and responsibilities of gatekeepers

András Koltay

Abstract

Mass speech on the internet takes place through influential gatekeepers and intermediaries, which provide opportunities for their users to express their opinions. The voice of the individual may reach the public sphere through such gatekeepers only. Their liability for unlawful content is an essential question within the realm of the legal regulation of the internet. The chapter discusses the liability of the three most important gatekeepers – internet service providers, search engines and social media platforms – with respect to defamatory content, providing an overview of European Union (EU) and US regulation, as well as English, US and Australian case law.

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