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Kuczerawy (2015) Intermediary liability & freedom of expression

Aleksandra Kuczerawy (2015) Intermediary liability & freedom of expression:Recent developments in the EU notice & action initiative, in Computer Law and Security Review 31 (2015) 46-56

"A process whereby a private party, and possibly future defendant, decides arbitrarily whether content should be removed or blocked can lead to interference with the right to
freedom of expression, as delineated in art. 10 of the European Convention of Human Rights29 and art. 11 of the Charter of Fundamental Rights of the European Union. [...] The current mechanism also appears to be at odds with the principles of proportionality and due process."

Reference: Horten M., The Copyright Enforcement Enigma: InternetPolitics and the 'Telecoms Package', p. 48-50.


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Iptegrity.com is the website of Dr Monica Horten, independent policy advisor: online safety, technology and human rights. Advocating to protect the rights of the majority of law abiding citizens online. Independent expert on the Council of Europe Committee of Experts on online safety and empowerment of content creators and users.  Published author, and post-doctoral scholar, with a PhD from the University of Westminster, and a DipM from the Chartered Institute of Marketing.  Former telecoms journalist,  experienced panelist and Chair, cited in the media eg  BBC, iNews, Times, Guardian and Politico.