ALGORITHMS AND FUNDAMENTAL RIGHTS: THE CASE OF AUTOMATED ONLINE FILTERS

Main Article Content

Matija Damjan

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 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.

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How to Cite
Damjan, M. . (2021). ALGORITHMS AND FUNDAMENTAL RIGHTS: THE CASE OF AUTOMATED ONLINE FILTERS. Journal of Liberty and International Affairs, 7, 36-47. https://doi.org/10.47305/JLIA2137136d
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Articles
Author Biography

Matija Damjan, University of Ljubljana, Faculty of Law & Institute for Comparative Law, Slovenia

Dr. Matija Damjan, born in 1978, is an Assistant Professor for civil and commercial law at the University of Ljubljana, Faculty of Law, and Secretary-General of the Institute for Comparative Law attached to the Faculty of Law, where he is also active as a research fellow. He passed the State Examination in Law in 2005, after having worked for two years at the Higher Court in Ljubljana as a judicial trainee. He obtained his PhD at the Faculty of Law, University in Ljubljana in 2007 and has been active in scientific legal research since then. In his work, he primarily focuses on the areas of civil law, intellectual property law, and information society law, and has authored more than thirty scientific articles discussing issues in these fields. Dr. Damjan is also the author or co-author of several scientific monographs and co-author of several draft proposals of legislative acts. He is currently engaged in long-term research projects on the legal challenges of the information society and on the impact of the European regulation of electronic communications and competition law on the legal position of telecommunications networks. Since 2020, he has been a member of the Data Governance Working Group at the Global Partnership on Artificial Intelligence.

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