Platform Liability Research Articles

Liability regulation on short video platforms: balancing freedom of expression and copyright protection

Abstract The rise of short video platforms has fundamentally altered the balance between freedom of expression and copyright protection, challenging traditional legal frameworks like the Safe Harbor Principle. This paper critically examines the evolving legal landscape, with particular focus on the implications of Article 17 of the EU’s Copyright Directive in the Digital Single Market (DSM Directive), especially for small platforms, creators, and users. Through comparative analysis of international legal frameworks and case studies, the study delves into the challenges faced by stakeholders in navigating platform liability, algorithmic content moderation, and user rights. The research highlights how the existing legal environment, while aiming to protect copyright holders, often disproportionately favors large platforms, undermining the expressive freedoms and fair use rights of smaller creators and users. Furthermore, the paper addresses the role of remix culture on short video platforms, discussing how transformative works and user-generated content foster cultural diversity and innovation. It advocates for reforms that balance copyright enforcement with freedom of expression, promoting cooperative licensing models, nuanced content moderation, and expanded fair use exemptions to support a more equitable digital ecosystem where creativity, access, and protection coexist effectively.

Platform liability, hate speech and the fundamental right to free speech

ABSTRACT In contemporary society, the rise of social media has dramatically transformed the sharing of information, bypassing traditional editorial and governmental controls. This shift has enabled rapid global information sharing but also raised concerns about the influence of social media platforms, even in democratic societies. Legislative responses, such as Germany's Network Enforcement Act of 2017, mandated swift removal of illegal content, influencing over twenty other nations to enact similar laws. These regulations often target hate speech but risk suppressing political opposition, particularly in authoritarian regimes. The European Union’s Digital Services Act came into force in 2024 and imposes stringent removal obligations on platforms. This enhanced platform regulation pushes companies towards the use of automated content moderation for purposes of meeting those obligations. A 2024 report found a substantial majority (87.5% to 99.7%) of deleted comments on Facebook and YouTube in France, Germany, and Sweden were legally permissible, suggesting that platforms, pages, or channels may be over-removing content to avoid regulatory penalties. Against the backdrop of this recent data, the paper examines the possible impact of stringent platform liability legislation on free speech in the ambit of hate speech, focusing on the delicate balance between regulation and freedom of expression.

The Brussels Effect in Brazil: Analysing the impact of the EU digital services act on the discussion surrounding the fake news bill

The May 2023 version of Brazil's Fake News Bill (FNB), a proposed new statutory framework for social media regulation, heavily referenced the EU's Digital Services Act (DSA). The literature on regulatory convergence points to the Brussels Effect, praising the EU for wielding unilateral soft power in shaping global regulations. Therefore, based on interviews with Brazilian experts who played a significant role in the regulatory discussion, this study applies Thematic Analysis to assess the DSA's impact on the FNB draft. The article finds limited Brussels Effect due to criticism of its incapacity to address local platform liability concerns and the absence of economic and legal drivers for convergence with EU regulation. Despite this, the study highlights the DSA's positive influence on the local debate in promoting democratic and human rights principles, leveraging the European legislative process to enrich local discussions. Finally, local political factors contributed to a narrative that differed from the DSA, framing the FNB not only as a tool against disinformation, but also as a means to protect democracy. This paper offers an unprecedented case study of the Brussels Effect reach on the global-south, presenting limitations of the EU benchmark when transposed to other regulatory and political contexts.

The Art of (Non)Experimental Translation of Electronic Literature. On the (Un)Repeatable Translation of Loss Of Grasp

The article focuses on (Nie)panowanie, the Polish translation of Loss of Grasp by Serge Bouchardon and Vincent Volckaert. The main part of the study consists of a detailed report of translator’s work made in 2019 and her experience is compared with the experiences of translators of ten other language versions of the work. This study is accompanied by some more general reflection on problems of e-literature translation, especially in the context of experimental translation theory. Two main questions the author deals with are: should e-lit translation always be seen as an experimental one, and what does it, in practice, mean to translate interactive and multimedia work? The last part of the article offers a broader perspective on the field: reflections on trans-platform translation as a kind of digital literature preservation and on the problems of platform liability or programming obsolescence.

Legal protection for gig workers' availability time: an empirical study of take-out platform riders in Beijing

PurposeThis empirical study of one of China's biggest take-out platforms during coronavirus disease 2019 (COVID-19) explores the legal rights and protections for gig workers' availability time.Design/methodology/approachThe study uses a quantitative survey and interviews of take-out platform riders, investigating the intrinsic features of working time and availability time. Labour law professionals and scholars are interviewed to verify the findings.FindingsThe availability time of take-out platform riders is difficult to define under the current legal working-time framework. There is a need for a specific method to define availability time, considering the multiple factors in gig-take-out-sector work. One option is to apply working-time regulations to availability time but to use a proportionality test to preserve flexibility whilst the platform offers protection to the riders during that time.Research limitations/implicationsPandemic-related travel restrictions limited the authors' study to one take-out platform in Beijing. Future studies should cover a wider geographical area and multiple take-out platforms.Originality/valueThe study uniquely evaluates the availability time of take-out platform riders to determine appropriate public policy and theoretical implications. It proposes a proportionality test regulating riders' availability. In particular, the workers being “at leisure” during availability time could mitigate the platform's liability for full remuneration or moderate the ceiling of working hours. The occupational health and safety of riders must be fully protected, as they are still “at the platform's disposal” at that time.

VAT in the Digital Age Package: Singling Out the Single VAT Registration

Intro: In this article the authors address the single VAT registration part of the proposals for the VAT in the Digital Age initiative tabled by the European Commission on 8 December 2022. The authors discuss the most important proposed rules that are likely to enter into force in 2024 and 2025. This article takes the opportunity to analyse the proposals before the possible adoption by the Council and the subsequent application and proposes possible improvements. VAT (Value Added Tax), EU VAT system, VAT in the Digital Age, reverse charge rule, transfer of own goods, e-commerce, platform liability, OSS, I-OSS, VAT collection, legislative process

Study on the Copyright Law of Short Video "Handling" Phenomenon

As the speed of mobile transmission continues to escalate, in the era of information explosion, the use of short videos as a carrier to record daily life entertainment has gradually become mainstream. However, under the evolution of capital marketization, the economic attributes of short videos have gradually become obvious, and the success of Li Ziqi's video commercial operation has further promoted the rapid development of the short video industry. In this paper, we first analyse whether the disputed short videos meet the criteria of work composition from the perspective of the basis of copyright rights. As China's copyright has not yet made specific provisions for short videos in relation to the classification of works, it is necessary to explore what criteria short videos need to meet in order to constitute "audiovisual" works. Secondly, this article focuses on the main elements of infringement in short-form video infringement disputes, and thus in determining whether a short-form video constitutes a work, more emphasis should be placed on the three characteristics of audience appreciation and response, original expression and specificity of plot. The possible infringement situations of short video works are divided, and the boundaries between the obligations of short video platforms and the fair use of other users are explored from the perspective of the common infringing subjects in infringement disputes. On this basis, we analyse the types and modes of existing regulatory instruments of short-form video copyright law, and provide a theoretical basis for later proposing the standards and obligations of different subjects in determining short-form video infringement. Finally, on the basis of the existing means of regulation, new suggestions for regulation are explored, i.e. the scope of indirect and direct infringement liability of short video platforms should be expanded, and short video infringement should be regulated from the process of production, review, dissemination and reproduction, requiring higher platform liability. As far as other users are concerned, the whole-process fair use standard should be adopted to determine whether infringement of another's work is constituted, with emphasis on the impact caused by the user to the original creator in the actual use.

Exploring the Safe Harbor Principle and the Allocation of Platform Liability in the DMCA

The Digital Millennium Copyright Act's safe harbor clauses, which was established more than 20 years ago, are no longer able to reconcile the current widespread problem of copyright infringement in social media. Therefore, this paper examines the allocation of responsibilities between social media platforms, users and copyright owners in the event of digital copyright infringement in social media, the negative impact of the DMCA provisions on stakeholders in social media and possible solutions to the problem. The main problem with the current DMCA's safe harbor doctrine is that the exemptions provided shift too much responsibility and liability to copyright owners and social media users, fail to provide effective remedies, and place an extremely heavy burden on them to enforce their rights. This has had a negative impact on the development of social media and creative output. For this reason, Congress need to change the DMCA's upregulating to increase the bar for safe harbor designation and impose additional requirements on platforms. In order to more effectively contribute to the growth of the social media business and the preservation of digital copyright pairs in the field of practice, this study primarily adopts a legal doctrinal research technique, comparative research approach, and literary research method.

Taking fundamental rights seriously in the Digital Services Act's platform liability regime

AbstractThis article highlights how the EU fundamental rights framework should inform the liability regime of platforms foreseen in secondary EU law, in particular with regard to the reform of the E‐commerce directive by the Digital Services Act. In order to identify all possible tensions between the liability regime of platforms on the one hand, and fundamental rights on the other hand, and in order to contribute to a well‐balanced and proportionate European legal instrument, this article addresses these potential conflicts from the standpoint of users (those who share content and those who access it), platforms, regulators and other stakeholders involved. Section 2 delves into the intricate landscape of online intermediary liability, interrogating how the E‐Commerce Directive and the emerging Digital Services Act grapple with the delicate equilibrium between shielding intermediaries and upholding the competing rights of other stakeholders. The article then navigates in Section 3 the fraught terrain of fundamental rights as articulated by the European Court of Human Rights (ECtHR) and the Court of Justice of the European Union (CJEU) under the aegis of the European Convention on Human Rights and the EU Charter. This section poses an urgent inquiry: can the DSA's foundational principles reconcile these legal frameworks in a manner that fuels democracy rather than stifles it through inadvertent censorship? Section 4 then delves into the intricate relationship between fundamental rights and the DSA reform. This section conducts a comprehensive analysis of the key provisions of the DSA, emphasising how they underscore the importance of fundamental rights. In addition to mapping out the strengths of the framework the section also identifies existing limitations within the DSA and suggests potential pathways for further refinement and improvement. This article concludes by outlining key avenues for achieving a balanced and fundamental rights‐compliant regulatory framework for platform liability within the EU.

Digital Copyright Enforcement after Article 17 DSMD: Platform Liability between Privacy, Property and Subjective Access Rights

Digital Copyright Enforcement after Article 17 DSMD: Platform Liability between Privacy, Property and Subjective Access Rights

Freedom to Share: How the Law of Platform Liability Impacts Licensors and Users

Freedom to Share: How the Law of Platform Liability Impacts Licensors and Users

Study on the Indirect Liability of Interactive Live Streaming Platforms in Internet Copyright Infringement Disputes

At present, the principle of no-fault liability or indirect liability of platforms has not been established in Internet short video infringement disputes, resulting in the confusion in judicial practice and the dilemma of the copyright protection for live broadcasters. It is necessary to combine the theory of interest measurement and the principle of indirect responsibility, refer to the relevant legislation in foreign countries improve the relevant legislative spirit and basic principles at the top-level design level as soon as possible, unify the scale of adjudication and tighten the net of comprehensive judicial protection of copyright of live broadcasters on internet platforms.

The economics of platform liability.

Public authorities in many jurisdictions are concerned about the proliferation of illegal content and products on online platforms. One often discussed solution is to make the platform liable for third parties’ misconduct. In this paper, we first identify platform incentives to stop online misconduct in the absence of liability. Then, we provide an economic appraisal of platform liability that highlights the intended and unintended effects of a more stringent liability rule on several key variables such as prices, terms and conditions, business models, and investments. Specifically, we discuss the impact of the liability regime applying to online platforms on competition between them and the incentives of third parties relying on them. Finally, we analyze the potential costs and benefits of measures that have received much attention in recent policy discussions.

Building the Economic Model of Platform liability: Towards the Assumptions

Platform liability represents a contemporary issue that has been recently tackled also in the EU. However, lawmakers still struggle with the perspective shift in online distribution from one-to-many model towards the many-to-many infrastructure where multitude of parties and interests play key role. Goal of this contribution is to introduce ongoing research into platform liability from the perspective of economic analysis of law. Author shall tackle the difficulties and fundamental issues of platform liability and isolate factors determinant to building an economic model of platform liability.

Platform Liability and Innovation

Platform Liability and Innovation

Targeting Targeted Harassment: Problems with Criminalization and Platform Liability

While there are plenty of ways to tackle content-related harms in the online environment, the phenomenon of targeted harassment of individuals presents particular regulatory challenges. Re-gulatory means that may be justified and effective against clearly illegal content (e.g., child sexual abuse material or certain forms of hate speech) may unduly restrict freedom of expression and/or be inefficient in relation to targeted harassment. In this paper, I explore why this subcategory of harmful online speech may be especially difficult to prevent through the traditional means of criminal law and rules governing liability for third party content. Although these challenges are considerable, I identify approaches that may help to counter targeted harassment or to reduce its harms.

Regulating Composite Platform Economy Services: Examining the Applicable Legal Framework in Light of Recent Judicial Developments

Numerous platform operators provide composite services comprising electronic and non-electronic elements, whose legal classification has been highly debated. This is partly explained by the fact that theEU law regime applicable to information society services (ISS) is far more favourable to businesses than that applicable to other types of services. The most recent case-law, however, has noticeably strengthened Member State regulatory prerogatives regarding ISS by, inter alia, giving a whole new meaning to the provisions of the E-commerce Directive. This twenty-year old legal act certainly needed reshuffling, but the Court’s approach has created a high degree of uncertainty forMember States wishing to regulate ISS in compliance with their notification obligations. Further, the applicable legal framework fails to guarantee the freedom to provide composite platform economy services that classify as two independent services of offline and online nature. The present article presents the main takeaways from recent judgments and highlights the structural differences between the legal regime applicable to ISS and that applicable to other kind of services, as well as their shortcomings. Digital Single Market – Regulation of the platform economy – Composite services – notification – online platform liability – e-commerce – Digital Services Act – Directive 2000/31 – Directive 2015/1535 – Directive 2006/123

Platform Liability for Third-Party Defective Products

Platform Liability for Third-Party Defective Products

The Challenge of Online Platform Liability in the Age of Web 2.0 Pan-Atlantic Comparisons

The Challenge of Online Platform Liability in the Age of Web 2.0 Pan-Atlantic Comparisons

Exporting the First Amendment through Trade: the Global 'Constitutional Moment' for Online Platform Liability

Exporting the First Amendment through Trade: the Global 'Constitutional Moment' for Online Platform Liability