According to an accepted doctrine, in some cases private entities may be perceived as a hybrid private/public body, and as a result the door opens for the direct imposition of some public law standards on such private entities. European countries, in contrast to the U.S., are more willing to accept the introduction of public law standards into the private law sphere. This reality could be demonstrated through different practices concerning content monitoring in cases of allegedly copyright infringement, such as the legal schemes of “notice and takedown” or “blocking orders.” Online rulers are expected to act as gatekeepers for the sake of public interest - but without any legal infrastructure.Īgainst this backdrop, the article aims to explore whether and how some of the basic public law standards, such as accountability, transparency, equality, and reasoning, could be imposed on relevant online rulers. Online rulers are facing a new legal and social challenge, since they are the ones expected to strike the appropriate constitutional balance, although they are private-commercial entities. Therefore, the issue of online content monitoring stands at the heart of contemporary social and legal discourse, since it challenges other public, individual, or commercial entities’ constitutional rights and freedoms, such as freedom of speech, or more broadly, other “digital human rights.” In that respect, online intermediaries have become, in fact, the online rulers. ![]() ![]() ![]() This environment is operated by online intermediaries that control the flow of information and monitor content running through their “pipelines.” Thus far, content monitoring has been conducted with almost no regulation and according to the intermediaries’ own (commercial) policies. The digital information environment functions today as the backbone of democracies.
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