Facebook and the (EU) Law

ISBN-13: 9783031065989 / Angielski / Miękka / 2023

Philippe Jougleux

Opis

The past two decades have seen a radical change in the online landscape with the emergence of GAFAM (Google, Amazon, Facebook, Apple and Microsoft). Facebook, specifically, has acquired a unique monopoly position among social media, and is part of the digital lives of billions of users. A mutual influence between Facebook and the legal framework has gradually emerged, as EU legislators and judges are on the one hand forced to accept the reality of new, widespread behaviors and practices and on the other have constructed a legal framework that imposes limits and rules on the use of the social network.

This book offers a unique perspective on this relationship, exploring the various activities and services proposed by Facebook and discussing the attendant legal issues. Accordingly, questions concerning the GDPR, its principles, rights and obligations are in the center of the discussions. However, the book does not limit its scope to data protection: Facebook has also greatly contributed to a liberalization and democratization of speech. In accordance, the classic principles of media law must be revisited, adapted or suitably enforced on the platform. Intellectual property law governs what is owned and by whom, no matter whether raw data or informational goods are concerned. Frameworks on hate speech and fake news are the result of coregulation principles of governance, whereas defamation jurisprudence continues to evolve, considering the consequences of merely “liking” certain content. The economic model of advertising is also governed by strict rules. Above all, Facebook is currently caught in a dilemma of substantial interest for society as a whole: is it a neutral online intermediary, i.e., merely a passive player on the Internet, or is it transforming against its will into an editorial service? 

In conclusion, the book has a dual purpose. First, it proposes a global and practical approach to the EU legal framework on Facebook. Second, it explores the current limits and the ongoing transformation of EU Internet law as it steadily adapts to life in the new digital world.

Spis treści

Introductive chapter.- (Personal data and privacy protection) Facebook and the big data mountain.- Copyright law.- Defamation or the online pandora box.- Data ownership (and succession law).- Rise and Down of the exception of Intermediary’s liability.- Soft law, contract law and Facebook’s policy.- Freedom of expression of the users.- E-commerce and advertising rules.

O autorze

Philippe Jougleux is Associate Professor at the Law School of European University Cyprus, teaching Cypriot civil law (civil wrongs and contract law), EU copyright law and EU Internet law. He obtained his PhD in 2002 in France on the topic of “the protection of information in the new technologies”. He wrote numerous articles, books and book chapters in Greek and English, mainly on topics related to new technologies (online copyright law, data protection, cybercrime). Philippe is member of the list of academic experts of the European Parliament and regularly participates to EU research programs and co-organizer of the biennial International Conference REDA (Regulation and Enforcement in the Digital Era).