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Illegal and (lawful, but) harmful content - most notably hate speech and fake news, but also violent videos, copyright infringement, or child pornography - is a crucial problem on digital platforms like Facebook, YouTube, TikTok and Twitter. The EU's 2022 Digital Services Act aims at tackling this problem by introducing an updated horizontal framework for all categories of content and activities on intermediary services. This raises several questions. How far do - national and European - free speech guarantees go? If hate speech can be banned to protect the victims' rights, how can the...

EU Directive 2004/48 EC obliges Member States to seek to achieve 'partial harmonization' of the remedies, procedures and measures necessary to enforce intellectual property law. These obligations provide what may be termed a minimum standard which must be fulfilled by the Member States in the course of their implementation of the Directive. However, the Directive is not faring well at the Member State level. The three authors' vastly detailed, article-by-article analysis of the fortunes of Directive 2004/48 EC in three EU jurisdictions offers enormously valuable insights into the complex ways...