The Impact of Algorithmic Decision Making and the Imperative to Preserve Fundamental Rights on the Concept of Civil Liability of Social Networks for Content Uploaded by Third Parties
2021
Abstract
The social network must be considered a quasi-public forum where fundamental freedoms, namely freedom of expression, are exercised. For this reason, public regulation should apply here.
The forum itself should not decide what can be posted on it. Therefore, a social network should not be responsible for content uploaded by third parties.
At the same time, other areas are opening up, either legislatively or through judicial decision-making, where the civil liability of social networks would be socially and legally desirable, such as liability for harm caused by harmful and unwanted algorithmic personalisation or harm from the unauthorised deletion of content of third users.