Centre for Communication Governance at NLU delhi
Literature from the Global Context

Corey Omer, Intermediary Liability For Harmful Speech: Lessons From Abroad, 28(1) HARV. J. L. & TECH. (2014)

The article analyzes and compares the domestic laws of USA, UK, EU and Canada in the context of intermediary liability, suggesting and contrasting three alternate ways of tackling the complexities of speech regulation. 

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Internet intermediaries: Dilemma of Liability (Article19, 2013)

The report contrasts various models of intermediary liability that exist in countries across the globe and gives suggestions based on best practices.

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Olivera Medenica & Kaiser Wahab, Does Liability Enhance Credibility?: Lessons from the DMCA Applied to Online Defamation, 25 CARDOZO ARTS & ENT. L.J. 237 (2007)

The article suggests changes to the online intermediary liability regime in the United States to the effect, inter alia, that the notice and takedown model must be adopted to check allegedly defamatory material online, and a statutory cap must be placed on the damages that may be imposed on intermediaries.

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Rikke Frank Jørgensen and Anja Møller Pedersen, Online Service Providers as Human Rights Arbiters in Mariarosaria Taddeo and Luciano Floridi (eds.), THE RESPONSIBILITIES OF ONLINE SERVICE PROVIDERS (Springer, 2017)

The authors discuss how blocking, filtering, and take down of content by intermediaries in co- and self-regulatory frameworks interfere with the human rights standards related to freedom of expression and information. Arguing against self-regulatory regimes, they discuss current approaches towards human rights responsibilities of private actors with specific reference to the UN Guiding Principles on Business and Human Rights. 

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Robert Spano, Intermediary Liability for Online User Comments under the European Convention on Human Rights, 17(4) Human Rights Law Review 665 (2017)

The author comments on the contradictory decisions of the European Court of Human Rights in Delfi v. Estonia and MTE Index v. Hungary and analyzes potential intermediary liability regimes against the apparent “middle path” adopted by the Court. 

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Roles and responsibilities of Internet intermediaries: Issue mapping nonpaper prepared by the Secretariat (Council of Europe, Committee of experts on Internet intermediaries, 2016)

The note highlights key issues pertaining to intermediary liability, ranging from defining the term “intermediary” to ensuring compliance with human rights norms while imposing takedown liabilities on intermediaries. 

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Zi En Chow, Evaluating The Approaches To Social Media Liability For Prohibited Speech, 51 International Law And Politics 1293 (2019)

After comparing different models of intermediary liability, the article suggests that “the best balance is achieved when governments and social media platforms jointly tackle the challenges of identifying and removing prohibited content in an accountable, legitimate, and sustainable way”.

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