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https://doi.org/10.47305/JLIA2137136d
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Algorithms and fundamental rights: the case of automated online filters
[journal article]
Abstract The information that we see on the internet is increasingly tailored by automated ranking and filtering algorithms used by online platforms, which significantly interfere with the exercise of fundamental rights online, particularly the freedom of expression and information. The EU's regulation of th... view more
The information that we see on the internet is increasingly tailored by automated ranking and filtering algorithms used by online platforms, which significantly interfere with the exercise of fundamental rights online, particularly the freedom of expression and information. The EU's regulation of the internet prohibits general monitoring obligations. The paper first analyses the CJEU's case law which has long resisted attempts to require internet intermediaries to use automated software filters to remove infringing user uploads. This is followed by an analysis of article 17 of the Directive on Copyright in the Digital Single Market, which effectively requires online platforms to use automated filtering to ensure the unavailability of unauthorized copyrighted content. The Commission's guidance and the AG's opinion in the annulment action are discussed. The conclusion is that the regulation of the filtering algorithms themselves will be necessary to prevent private censorship and protect fundamental rights online.... view less
Classification
Technology Assessment
Free Keywords
Algorithms; Content Recognition; Upload Filters; Censorship; Human Rights; Intermediary Liability; AI
Document language
English
Publication Year
2021
Page/Pages
p. 36-47
Journal
Journal of Liberty and International Affairs, 7 (2021) Supp. 1
ISSN
1857-9760
Status
Published Version; peer reviewed