Paper Info
Title
To block or not to block: European approaches to content regulation, and implications for freedom of expression
Abstract
Based on the limited effectiveness of state laws, and lack of harmonization at international level a number of states started to introduce policies to block access to Internet content and websites deemed illegal which are situated outside their legal jurisdiction. However, blocking policies are not always subject to due process principles, decisions are not necessarily taken by the courts of law, and often administrative bodies or Internet hotlines run by the private sector decide which content or website should be subject to blocking. Therefore, increasingly, the compatibility of blocking action is questioned with regards to the fundamental right of freedom of expression. This article assesses significant developments at the pan-European level with regards to the development, and implementation of Internet content blocking policies. Adaptation of content blocking policies from certain member states of both the European Union and the Council of Europe will be used to assess the nature and implementation of access blocking policies. It will be argued that there could be a breach of Article 10 of the European Convention on Human Rights if blocking measures or filtering tools are used at state level to silence politically motivated speech on the Internet.
Year
DOI
Venue
2010
10.1016/j.clsr.2010.03.004
Computer Law & Security Review
Keywords
DocType
Volume
Internet content regulation,Access blocking,Filters,Censorship,Illegal and harmful content,Freedom of expression,Hotlines,Notice and take down
Journal
26
Issue
ISSN
Citations 
3
0267-3649
0
PageRank 
References 
Authors
0.34
0
1
Name
Order
Citations
PageRank
Yaman Akdeniz164.96